EDUCATION CODE
SUBTITLE H. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY
CHAPTER 39. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 397, § 2, eff. Sept. 1,
1999.
§ 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 grades eight through 11
with the aid of technology on any assessment instruments that
include algebra;
(2) reading, annually in grades three through nine;
(3) writing, including spelling and grammar, in grades
four and seven;
(4) English language arts, in grade 10;
(5) social studies, in grades eight and 10;
(6) science, in grades five, eight, and 10; and
(7) any other subject and grade required by federal
law.
(b) The agency shall develop or adopt appropriate
criterion-referenced assessment instruments to be administered to
each student in a special education program under Subchapter A,
Chapter 29, who receives modified instruction in the essential
knowledge and skills identified under Section 28.002 for the
assessed subject but for whom an assessment instrument adopted
under Subsection (a), even with allowable modifications, would not
provide an appropriate measure of student achievement, as
determined by the student's admission, review, and dismissal
committee. The assessment instruments required under this
subsection must assess essential knowledge and skills and growth in
the subjects of reading, mathematics, and writing. A 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 assessment instruments required under this subsection shall be
administered on the same schedule as the assessment instruments
administered under Subsection (a).
(c) The agency shall also adopt secondary exit-level
assessment instruments designed to be administered to students in
grade 11 to assess essential knowledge and skills in mathematics,
English language arts, social studies, and science. The
mathematics section must include at least Algebra I and geometry
with the aid of technology. The English language arts section must
include at least English III and must include the assessment of
essential knowledge and skills in writing. The social studies
section must include early American and United States history. The
science section must include at least biology and integrated
chemistry and physics. The assessment instruments must be designed
to assess a student's mastery of minimum skills necessary for high
school graduation and readiness to enroll in an institution of
higher education. 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 or whether the
student should be exempted under Section 39.027(a)(2). The State
Board of Education shall administer the assessment instruments.
The State Board of Education shall adopt a schedule for the
administration of secondary exit-level assessment instruments.
Each student who did not perform satisfactorily on any secondary
exit-level assessment instrument when initially tested shall be
given multiple opportunities to retake that assessment instrument.
A student who performs at or above a level established by the Texas
Higher Education Coordinating Board on the secondary exit-level
assessment instruments is exempt from the requirements of Section
51.306.
(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 or whether the student
should be exempted under Section 39.027(a)(2).
(e) Under rules adopted by the State Board of Education,
every other year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), (c), (d), or (l) 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) The commissioner shall develop a standardized
end-of-course assessment instrument for Algebra I. The
commissioner by rule may require a school district to administer an
end-of-course assessment instrument in Algebra I. 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 or whether the student
should be exempted under Section 39.027(a)(2).
(k) Notwithstanding Subsection (e), the agency shall
initially release under Subsection (e) the questions and answer
keys to each assessment instrument administered under Subsection
(b) during the third school year in which the instrument is
administered after the last time the instrument is administered for
that school year. This subsection expires September 1, 2004.
(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 six
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)(3) or (4). 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)(3) and (4). 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).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 767, § 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 397, § 3, 8, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 8, § 1, eff. April 11, 2001; Acts 2001,
77th Leg., ch. 834, § 9, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 201, § 25, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 430, § 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 433,
§ 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1212, § 11,
eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1275, § 2(20),
eff. Sept. 1, 2003.
§ 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, § 2.18, eff. Sept. 1,
1999.
§ 39.024. SATISFACTORY PERFORMANCE. (a) Except as
otherwise provided by this subsection, the State Board of Education
shall determine the level of performance considered to be
satisfactory on the assessment instruments. The admission, review,
and dismissal committee of a student being assessed under Section
39.023(b) shall determine the level of performance considered to be
satisfactory on the assessment instruments administered to that
student in accordance with criteria established by agency rule.
(b) Repealed by Acts 2003, 78th Leg., ch. 1212, § 14.
(c) The agency shall 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
distribute the study guides to parents of students who do not
perform satisfactorily on one or more parts of an assessment
instrument administered under this subchapter.
(d) 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.
(e) The commissioner shall retain a portion of the total
amount of funds allotted under Section 42.152(a) that the
commissioner considers appropriate to finance activities under
Subsections (c) and may retain a portion for activities under
Subsection (d) and for intensive programs of instruction for
students of limited English proficiency offered by school districts
and shall reduce each district's allotment proportionately.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 767, § 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 396, § 2.19, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 397, § 4, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1420, § 4.006, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1212, § 12, 14, eff. June 20, 2003.
§ 39.025. EXIT-LEVEL PERFORMANCE REQUIRED. (a) A
student may not receive a high school diploma until the student has
performed satisfactorily on the secondary exit-level assessment
instruments for English language arts, mathematics, social
studies, and science administered under Section 39.023(c). This
subsection does not require a student to demonstrate readiness to
enroll in an institution of higher education.
(b) Each time a secondary exit-level assessment instrument
is administered, a student who has not been given a high school
diploma because of a failure to perform satisfactorily on the
assessment instrument for that subject area may retake the
assessment instrument.
(c) A student who has been denied a high school diploma
under Subsections (a) and (b) and who subsequently performs
satisfactorily on each secondary exit-level assessment instrument
shall be issued a high school diploma.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 767, § 3, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 397, § 5, eff. Sept. 1, 1999.
§ 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, § 1, eff. May 30, 1995.
§ 39.027. EXEMPTION. (a) A student may be exempted
from the administration of an assessment instrument under:
(1) Section 39.023(a) or (b) if the student is
eligible for a special education program under Section 29.003 and
the student's individualized education program does not include
instruction in the essential knowledge and skills under Section
28.002 at any grade level;
(2) Section 39.023(c) or (d) if the student is
eligible for a special education program under Section 29.003 and:
(A) the student's individualized education
program does not include instruction in the essential knowledge and
skills under Section 28.002 at any grade level; or
(B) the assessment instrument, even with
allowable modifications, would not provide an appropriate measure
of the student's achievement as determined by the student's
admission, review, and dismissal committee;
(3) Section 39.023(a) 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); or
(4) Section 39.023(a) or (l) for a period of up to two
years in addition to the exemption period authorized by Subdivision
(3) if the student has received an exemption under Subdivision (3)
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.
(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)(3) or (4) 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)(3) or (4) applies shall be included in the
academic excellence indicator system under Section 39.051, the
performance report under Section 39.053, and the comprehensive
annual report under Section 39.182.
(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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 767, § 4, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 397, § 6, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 8, § 2, eff. April 11, 2001; Acts 2001,
77th Leg., ch. 725, § 3, eff. June 13, 2001; Acts 2003, 78th
Leg., ch. 1276, § 6.007, eff. Sept. 1, 2003.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 11, eff.
June 13, 2001.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 767, § 11, eff. June 13,
2001.
§ 39.031. COST. (a) The cost of preparing,
administering, or grading the assessment instruments shall be paid
from the funds allotted under Section 42.152, and each district
shall bear the cost in the same manner described for a reduction in
allotments under Section 42.253. If a district does not receive an
allotment under Section 42.152, the commissioner shall subtract the
cost from the district's other foundation school fund allotments.
(b) The cost of 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 767, § 5, eff. Sept. 1,
1997.
§ 39.032. ASSESSMENT INSTRUMENT STANDARDS; CIVIL
PENALTY. (a) A company or organization may not distribute to,
sell to, or grade for the same school district the same form of an
assessment instrument for more than three school years. A school
district may not use the same form of an assessment instrument for
more than three years.
(b) A company or organization that grades an assessment
instrument shall report the results to the district and to the
agency by campus and district and in comparison to state and
national averages, unless the agency requests a report of the
results in another form.
(c) State and national norms of averages shall be computed
using data that are not more than six 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. The standardization norms shall be based on a
national probability sample that meets accepted standards for
educational and psychological testing and shall be updated at least
every six years using proven psychometric procedures approved by
the State Board of Education.
(d) A company or organization that fails to comply with this
section is liable to the state in an amount equal to three times the
amount of actual damages. The actual damages are presumed to be at
least equal to the amount charged by the company or organization to
a school district for the assessment instrument, including any
charge for grading the assessment instrument. The attorney
general, a district attorney, or a county attorney may bring suit to
collect the damages on the request of the State Board of Education
or on the request of a student or a parent or guardian of a student
to whom the assessment instrument was administered.
(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, § 1, eff. May 30, 1995.
§ 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 provide to the commissioner the information described by
Section 39.051(b) and to 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, § 1, eff. May 30, 1995.
SUBCHAPTER C. PERFORMANCE INDICATORS
§ 39.051. ACADEMIC EXCELLENCE INDICATORS. (a) The
State Board of Education shall adopt a set of indicators of the
quality of learning on a campus. The State Board of Education
biennially shall review the indicators for the consideration of
appropriate revisions.
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 433,
§ 2
(b) Performance on the indicators adopted under this
section shall be compared to state-established standards. The
degree of change from one school year to the next in performance on
each indicator adopted under this section shall also be considered.
The indicators must be based on information that is disaggregated
by race, ethnicity, gender, and socioeconomic status and must
include:
(1) the results of assessment instruments required
under Sections 39.023(a), (c), and (l), aggregated by grade level
and subject area;
(2) dropout rates, including dropout rates and
district completion rates for grade levels 9 through 12;
(3) student attendance rates;
(4) the percentage of graduating students who attain
scores on the secondary exit-level assessment instruments required
under Subchapter B that are equivalent to a passing score on the
test instrument required under Section 51.306;
(5) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(6) the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
(7) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessments 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, and the performance of those students in the school
year following that promotion on the assessment instruments
required under Section 39.023;
(8) for students who have failed to perform
satisfactorily on an assessment instrument required under Section
39.023(a) or (c), the numerical progress of those students on
subsequent assessment instruments required under those sections,
aggregated by grade level and subject area;
(9) the percentage of students exempted, by exemption
category, from the assessment program generally applicable under
this chapter;
(10) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(3) and (4); and
(11) 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).
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 805,
§ 1
(b) Performance on the indicators adopted under this
section shall be compared to state-established standards. The
degree of change from one school year to the next in performance on
each indicator adopted under this section shall also be considered.
The indicators must be based on information that is disaggregated
by race, ethnicity, gender, and socioeconomic status and must
include:
(1) the results of assessment instruments required
under Sections 39.023(a), (c), and (l), aggregated by grade level
and 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;
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the federal No Child Left Behind Act of 2001 (Pub. L. No.
107-110);
(4) student attendance rates;
(5) the percentage of graduating students who attain
scores on the secondary exit-level assessment instruments required
under Subchapter B that are equivalent to a passing score on the
test instrument required under Section 51.306;
(6) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(7) the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
(8) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessments 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, and the performance of those students in the school
year following that promotion on the assessment instruments
required under Section 39.023;
(9) for students who have failed to perform
satisfactorily on an assessment instrument required under Section
39.023(a) or (c), the numerical progress of those students on
subsequent assessment instruments required under those sections,
aggregated by grade level and subject area;
(10) the percentage of students exempted, by exemption
category, from the assessment program generally applicable under
this chapter; and
(11) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(3) and (4).
(c) Performance on the indicator under Subsection (b)(1)
shall be compared to state standards, required improvement, and
comparable improvement. The state standard shall be established by
the commissioner. Required improvement is defined as the progress
necessary for the campus or district to meet state standards and for
its students to meet exit requirements as defined by the
commissioner. Comparable improvement is derived by measuring
campuses and districts against a profile developed from a total
state student performance database which exhibits substantial
equivalence to the characteristics of students served by the campus
or district, including past academic performance, socioeconomic
status, ethnicity, and limited English proficiency.
(d) Annually, the commissioner shall define exemplary,
recognized, and unacceptable performance for each academic
excellence indicator included under Subsections (b)(1) through (6)
and shall project the standards for each of those levels of
performance for succeeding years. For the indicator under
Subsection (b)(7), the commissioner shall define exemplary,
recognized, and unacceptable performance based on student
performance for the period covering both the current and preceding
academic years. In defining exemplary, recognized, and
unacceptable performance for the indicators under Subsections
(b)(2) and (3), the commissioner may not consider as a dropout or as
a student who has failed to attend school 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.
(e) Each school district shall cooperate with the agency in
determining whether a student is a dropout under this section.
(f) The indicator under Subsection (b)(1) must include the
results of assessment instruments required under Section
39.023(b).
(g) The commissioner by rule shall adopt accountability
measures to be used in assessing the progress of students who have
failed to perform satisfactorily 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 767, § 6, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 396, § 2.20, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 397, § 7, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1422, § 3, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 8, § 3, eff. April 11, 2001; Acts 2001, 77th Leg.,
ch. 725, § 4, 5, eff. June 13, 2001; Acts 2001, 77th Leg., ch.
834, § 10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420,
§ 4.007, 4.008, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
201, § 26, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 433,
§ 2, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 805, § 1,
eff. Sept. 1, 2003.
§ 39.052. 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, state established
standards, and comparable campus group performance.
(b) The report card shall include the following
information:
(1) where applicable, the academic excellence
indicators adopted under Sections 39.051(b)(1) through (9);
(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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.21, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1514, § 1, eff. June 19, 1999;
Acts 2001, 77th Leg., ch. 1420, § 4.009, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1269, § 2, eff. Sept. 1, 2003.
§ 39.053. 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) the performance rating for the district as
provided under Section 39. 072(a) and the performance rating of
each campus in the district as provided under Section 39.072(c);
(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; and
(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 its subsequent
amendments; 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 established
under Section 39.051 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,
guardians, conservators, and other persons having lawful control of
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;
(2) the performance of each district to its previous
performance and to state-established standards; and
(3) the performance of each campus or district to
comparable improvement.
(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 gender, 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 State Board of Education 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 510, § 2, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1417, § 2, eff. June 19, 1999;
Acts 2001, 77th Leg., ch. 725, § 6, eff. June 13, 2001; Acts
2001, 77th Leg., ch. 834, § 11, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1420, § 4.010, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 1055, § 24, eff. June 20, 2003.
§ 39.054. USES OF PERFORMANCE REPORT. The information
required to be reported under Section 39.053 shall be:
(1) the subject of public hearings or meetings
required under Sections 11.252, 11.253, and 39.053;
(2) a primary consideration in 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.055. 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. If the electronic audit of a
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. If the
risk-based system indicates that a 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.
(b) to (d) Repealed by Acts 2003, 78th Leg., ch. 201, §
61(1); Acts 2003, 78th Leg., ch. 903, § 4.
(e) 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. 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.
Added by Acts 2001, 77th Leg., ch. 834, § 12, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 201, § 27, 61(1), eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 903, § 1, 4, eff. Sept. 1,
2003.
SUBCHAPTER D. ACCREDITATION STATUS
§ 39.071. ACCREDITATION. Accreditation of a school
district is determined in accordance with this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.072. ACCREDITATION STANDARDS. (a) The State
Board of Education shall adopt rules to evaluate the performance of
school districts and to assign to each district a performance
rating as follows:
(1) exemplary (meets or exceeds state exemplary
standards);
(2) recognized (meets or exceeds required improvement
and within 10 percent of state exemplary standards);
(3) academically acceptable (below the exemplary and
recognized standards but exceeds the academically unacceptable
standards); or
(4) academically unacceptable (below the state
clearly unacceptable performance standard and does not meet
required improvement).
(b) The academic excellence indicators adopted under
Sections 39.051(b)(1) through (7) and the district's current
special education compliance status with the agency shall be the
main considerations of the agency in the rating of the district
under this section. Additional criteria in the rules may include
consideration of:
(1) compliance with statutory requirements and
requirements imposed by rule of the State Board of Education under
specific statutory authority that relate to:
(A) reporting data through the Public Education
Information Management System (PEIMS);
(B) the high school graduation requirements
under Section 28.025; or
(C) an item listed in Sections
7.056(e)(3)(C)-(I) that applies to the district;
(2) the effectiveness of the district's programs for
special populations; and
(3) the effectiveness of the district's career and
technology programs.
(c) The agency shall evaluate against state standards and
shall, not later than August 1 of each year, report the performance
of each campus in a district and each open-enrollment charter
school on the basis of the campus's performance on the indicators
adopted under Sections 39.051(b)(1) through (7). Consideration of
the effectiveness of district programs under Subsection (b)(2) or
(3) must be based on data collected through the Public Education
Information Management System for purposes of accountability under
this chapter and include the results of assessments required under
Section 39.023.
(d) Notwithstanding any other provision of this code, for
purposes of determining the performance of a school district under
this chapter, including the accreditation status of the district, a
student confined by court order in a residential program or
facility operated by or under contract with the Texas Youth
Commission 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
academic excellence indicator adopted under Section 39.051 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 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.22, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1417, § 3, eff. June 19, 1999;
Acts 2001, 77th Leg., ch. 1420, § 4.011, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 342, § 4, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 694, § 1, eff. June 20, 2003; Acts 2003,
78th Leg., ch. 1249, § 1, eff. June 20, 2003.
§ 39.0721. GOLD PERFORMANCE RATING PROGRAM. (a) In
addition to district and campus performance ratings reported under
Section 39.072, the commissioner shall develop a gold performance
rating program based on enhanced performance. The agency shall
administer the program.
(b) Under the gold performance rating program, a district or
campus rated exemplary under Section 39.072 is eligible for an
exemplary gold rating, a district or campus rated recognized is
eligible for a recognized gold rating, and a district or campus
rated academically acceptable is eligible for an academically
acceptable gold rating.
(c) The performance standards on which a gold performance
rating is based should include:
(1) student proficiency on:
(A) assessment instruments administered under
Sections 39.023(a), (c), and (l); and
(B) other measures of proficiency determined by
the commissioner;
(2) student performance on one or more nationally
recognized norm-referenced assessment instruments;
(3) improvement in student performance;
(4) in the case of middle or junior high school
campuses, student proficiency in mathematics, including algebra;
and
(5) in the case of high school campuses:
(A) the extent to which graduating students are
academically prepared to attend institutions of higher education;
(B) the percentage of students who take advanced
placement tests and student performance on those tests; and
(C) the percentage of students who take and
successfully complete advanced academic courses or college-level
course work offered through dual credit programs provided under
agreements between high schools and institutions of higher
education.
(d) The commissioner may adopt rules as necessary to
implement and administer this section.
Added by Acts 2001, 77th Leg., ch. 834, § 13, eff. Sept. 1, 2001.
§ 39.073. DETERMINING ACCREDITATION STATUS. (a) The
agency shall annually review the performance of each district and
campus on the indicators adopted under Sections 39.051(b)(1)
through (7) and determine if a change in the accreditation status of
the district is warranted. The commissioner may determine how all
indicators adopted under Section 39.051(b) may be used to determine
accountability ratings and to select districts and campuses for
acknowledgment.
(b) Each annual review shall include an analysis of the
indicators under Sections 39.051(b)(1) through (6) to determine
district and campus performance in relation to:
(1) standards established for each indicator;
(2) required improvement as defined under Section
39.051(c); and
(3) comparable improvement as defined by Section
39.051(c).
(c) A district's accreditation rating may be raised or
lowered based on the district's performance or may be lowered based
on the unacceptable performance of one or more campuses in the
district.
(d) The commissioner shall notify a district that is rated
academically unacceptable that the performance of the district or a
campus in the district is below each standard under Subsection (b)
and shall require the district to notify property owners and
parents in the district of the lowered accreditation rating and its
implication.
(e) In determining a district's accreditation rating, the
agency shall consider:
(1) the district's current special education
compliance status with the agency; and
(2) the progress of students who have failed to
perform satisfactorily in the preceding school year on an
assessment instrument required under Section 39.023(a), (c), or
(l).
(f) In the computation of dropout rates under Section
39.051(b)(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 campus
or school district serving the facility or center unless that
campus or district is the one to which the student is regularly
assigned.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.23, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1417, § 4, eff. June 19, 1999;
Acts 2001, 77th Leg., ch. 725, § 7, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1287, § 1, eff. June 13, 2001; Acts 2001,
77th Leg., ch. 1504, § 26, eff. Sept. 1, 2001.
§ 39.074. ON-SITE INVESTIGATIONS. (a) The
commissioner may:
(1) direct the agency to conduct on-site
investigations 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) raise or lower the performance rating as a result
of the investigation.
(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 academic excellence indicators adopted under
Section 39.051.
(c) In making an on-site accreditation investigation, the
investigators shall obtain information from administrators,
teachers, and parents of students enrolled in the 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 campus or district from screening the information.
(d) The agency shall give written notice to the
superintendent and the board of trustees of any impending
investigation of the district's accreditation.
(e) If an annual review indicates low performance on one or
more of the indicators under Sections 39.051(b)(1) through (7) of
one or more campuses in a district, the agency may conduct an
on-site evaluation of those campuses only.
(f) The investigators shall report orally and in writing to
the board of trustees of the 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.24, eff. Sept. 1,
1999.
§ 39.075. 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 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 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); or
(8) 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.
Text of subsec. (c) as amended by Acts 1999, ch. 396, § 2.25
(c) Based on the results of a special accreditation
investigation, the commissioner may:
(1) take appropriate action under Subchapter G;
(2) lower the district's accreditation rating; or
(3) take action under both Subdivisions (1) and (2).
Text of subsec. (c) as amended by Acts 1999, ch. 931, § 4
(c) Based on the results of a special accreditation
investigation, the commissioner may lower the district's
accreditation rating and may take appropriate action under
Subchapter G. Regardless of whether the commissioner lowers the
district's accreditation rating, the commissioner may take action
under Sections 39.131(a)(1) through (8) if the commissioner
determines that the action is necessary to improve any area of a
district's performance, including the district's financial
accounting practices.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.25, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 931, § 4, eff. Aug. 30, 1999;
Acts 2001, 77th Leg., ch. 1504, § 28, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 433, § 3, eff. Sept. 1, 2004.
§ 39.076. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER E. SUCCESSFUL SCHOOL AWARDS
§ 39.091. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.092. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.093. 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 academic excellence indicators
adopted under Section 39.051. For purposes of selecting schools
and districts under Section 39.092(a), each school's performance
shall be compared to state standards and to its previous
performance.
(b) 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.
(c) 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.094. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.095. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.096. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER F. ADDITIONAL REWARDS
§ 39.111. RECOGNITION AND REWARDS. The State Board of
Education shall develop a plan for recognizing and rewarding school
districts and campuses that are rated as exemplary or recognized
and for developing a network for sharing proven successful
practices statewide and regionally. The reward may be used to
provide educators with summer stipends to develop curricula based
on the cited successful strategies. The educators may copyright
the curricula they develop.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.112. EXCELLENCE EXEMPTIONS. (a) Except as
provided by Subsection (b), a school campus or district that is
rated exemplary 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 minimum graduation requirements under
Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, and G;
(C) extracurricular activities under Section
33.081;
(D) health and safety under Chapter 38;
(E) competitive bidding 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
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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER G. ACCREDITATION SANCTIONS
§ 39.131. SANCTIONS FOR DISTRICTS. (a) If a district
does not satisfy the accreditation criteria, the commissioner shall
take any of the following actions, listed in order of severity, 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
unacceptable performance, the improvements in performance expected
by the agency, and the 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 academic excellence indicator
for which the district's performance is unacceptable, 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 unacceptable performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has been rated as academically
unacceptable for a period of one year or more, appoint a board of
managers to exercise the powers and duties of the board of trustees;
(10) if a district has been rated as academically
unacceptable for a period of two years or more:
(A) 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 been rated as academically
unacceptable for a period of two years or more 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 a period
of one year or more 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 834, § 14, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1504, § 29, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 342, § 5, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 1201, § 3, eff. Sept. 1, 2003.
§ 39.132. SANCTIONS FOR CAMPUSES. (a) If a campus
performance is below any standard under Section 39.073(b), the
campus is considered a low-performing campus. The commissioner may
permit the campus to participate in an innovative redesign of the
campus to improve campus performance or may take any of the other
following actions, listed in order of severity, 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
at the campus for the purpose of:
(A) notifying the public of the unacceptable
performance, the improvements in performance expected by the
agency, and the sanctions that may be imposed under this section if
the performance does not improve within a designated period of
time; and
(B) soliciting public comment on the initial
steps being taken to improve performance;
(3) order the preparation of a report regarding the
parental involvement program at the campus and a plan describing
strategies for improving parental involvement at the campus;
(4) order the preparation of a report regarding the
effectiveness of the district- and campus-level planning and
decision-making committees established under Subchapter F, Chapter
11, and a plan describing strategies for improving the
effectiveness of those committees;
(5) order the preparation of a student achievement
improvement plan that addresses each academic excellence indicator
for which the campus's performance is unacceptable, the submission
of the plan to the commissioner for approval, and implementation of
the plan;
(6) 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;
(7) appoint a special campus intervention team to:
(A) conduct a comprehensive on-site evaluation
of the campus to determine the cause for the campus's low
performance and lack of progress;
(B) recommend actions, including reallocation of
resources and technical assistance, changes in school procedures or
operations, staff development for instructional and administrative
staff, intervention for individual administrators or teachers,
waivers from state statute or rule, or other actions the team
considers appropriate;
(C) assist in the development of a campus plan
for student achievement; and
(D) assist the commissioner in monitoring the
progress of the campus in implementing the campus plan for
improvement of student achievement; or
(8) if a campus has been a low-performing campus for a
period of one year or more, appoint a board of managers composed of
residents of the district to exercise the powers and duties of the
board of trustees of the district in relation to the campus.
(b) If a campus has been a low-performing campus for a
period of two consecutive years or more, the commissioner shall
order the closure of the district or charter program on the campus
or reconstitute the campus. In reconstituting the campus, a
special campus intervention team shall be assembled for the purpose
of deciding which educators may be retained at that campus. If an
educator is not retained, the educator may be assigned to another
position in the district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1365, § 2, eff. June 19,
1999. Renumbered from V.T.C.A., Education Code § 39.131(b) and
amended by Acts 2003, 78th Leg., ch. 342, § 5, eff. Sept. 1,
2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 17.01, eff. Jan.
11, 2004.
§ 39.133. 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
rating has been lowered due to unacceptable student performance and
may not raise the 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 39.131(c) and amended
by Acts 2003, 78th Leg., ch. 342, § 5, eff. Sept. 1, 2003.
§ 39.134. COSTS PAID BY DISTRICT. The costs of
providing a monitor, conservator, management team, or special
campus intervention team 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 29, eff. Sept. 1,
2001. Renumbered from V.T.C.A., Education Code § 39.131(d) and
amended by Acts 2003, 78th Leg., ch. 342, § 5, eff. Sept. 1,
2003.
§ 39.135. 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 39.131(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, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 39.131(e) and amended
by Acts 2003, 78th Leg., ch. 342, § 5, eff. Sept. 1, 2003.
§ 39.136. 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, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 39.131(f) and amended
by Acts 2003, 78th Leg., ch. 342, § 5, eff. Sept. 1, 2003.
§ 39.137. SPECIAL CAMPUS INTERVENTION TEAM. A special
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 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 39.131(g) and amended
by Acts 2003, 78th Leg., ch. 342, § 5, eff. Sept. 1, 2003.
§ 39.138. 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 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A., Education Code § 39.131(h) and amended
by Acts 2003, 78th Leg., ch. 342, § 5, eff. Sept. 1, 2003.
SUBCHAPTER H. REPORTS BY TEXAS EDUCATION AGENCY
§ 39.181. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.182. 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:
(1) 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) an evaluation of the status of education in the
state as reflected by the academic excellence indicators adopted
under Section 39.051;
(3) 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) a summary compilation of overall performance of
students placed in an 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) 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) an evaluation of the correlation between student
grades and student performance on academic skills assessment
instruments required by Section 39. 023;
(7) 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) 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) 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) a description of a systematic, measurable plan
for reducing the projected cross-sectional and longitudinal
dropout rates to five percent or less for the 1997-1998 school year;
(11) 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) information, aggregated by district type and
disaggregated by race, ethnicity, gender, and socioeconomic
status, on:
(A) the number of students placed in an
alternative education program established under Section 37.008;
(B) the average length of a student's placement
in an 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 an
alternative education program; and
(D) the dropout rates of students who have been
placed in an alternative education program established under
Section 37.008;
(13) 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) 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) a description of all funds received by and each
activity and expenditure of the agency;
(16) a summary and analysis of the instructional
expenditures ratios and instructional employees ratios of school
districts computed under Section 44.0071;
(17) a summary of the effect of deregulation,
including exemptions and waivers granted under Section 7.056 or
39.112;
(18) 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) 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) a comparison of the performance of
open-enrollment charter schools and school districts on the
academic excellence indicators specified in Section 39.051(b) and
accountability measures adopted under Section 39.051(g), with a
separately aggregated comparison of the performance of
open-enrollment charter schools predominantly serving students at
risk of dropping out of school, as defined by Section 29.081(d),
with the performance of school districts; and
(21) any additional information considered important
by the commissioner or the State Board of Education.
(b) In reporting the information required by Subsection
(a)(3) or (4), the agency may separately aggregate the performance
data of students enrolled in a special education program under
Subchapter A, Chapter 29, or a bilingual education or special
language program under Subchapter B, Chapter 29.
(c) Each report must contain the most recent data available.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1417, § 5, eff. June 19,
1999; Acts 2001, 77th Leg., ch. 725, § 8, 9, eff. June 13, 2001;
Acts 2001, 77th Leg., ch. 834, § 15, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1269, § 3, eff. Sept. 1, 2003.
§ 39.183. 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) the performance rating under Subchapter D of
each campus granted an exception from Section 25.112;
(2) a summary of the exemptions and waivers granted to
school districts under Section 7.056 or 39.112 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 268, § 3, eff. May 26, 1997;
Acts 1999, 76th Leg., ch. 396, § 2.26, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 889, § 3, eff. June 14, 2001.
§ 39.184. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 39.185. INTERIM REPORT. Not later 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
39.183(2).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 725, § 10, eff. June 13,
2001.
SUBCHAPTER I. FINANCIAL ACCOUNTABILITY
§ 39.201. DEFINITIONS. In this subchapter:
(1) "Parent" includes a guardian or other person
having lawful control of a student.
(2) "System" means the financial accountability
rating system.
Added by Acts 2001, 77th Leg., ch. 914, § 1, eff. Sept. 1, 2001.
§ 39.202. DEVELOPMENT AND IMPLEMENTATION. (a) The
commissioner shall, in consultation with the comptroller, develop
and implement a financial accountability rating system for school
districts in this state.
(b) The system must include uniform indicators adopted by
the commissioner by which to measure a district's financial
management performance.
Added by Acts 2001, 77th Leg., ch. 914, § 1, eff. Sept. 1, 2001.
§ 39.203. 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 39.202(b) to:
(A) state-established standards; and
(B) the district's previous performance on the
indicators; and
(2) 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.
Added by Acts 2001, 77th Leg., ch. 914, § 1, eff. Sept. 1, 2001.
§ 39.204. RULES. The commissioner shall adopt rules as
necessary for the implementation and administration of this
subchapter.
Added by Acts 2001, 77th Leg., ch. 914, § 1, eff. Sept. 1, 2001.
