reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter D. Alternative Management › Section 39A.161. Rules

Sec. 39A.161.  RULES.  The commissioner may adopt rules necessary to implement this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter E. Board of Managers › Section 39A.201. General Powers and Duties of Board of Managers

Sec. 39A.201.  GENERAL POWERS AND DUTIES OF BOARD OF MANAGERS.  (a)  Notwithstanding Section 11.151(b) or 11.1511(a) or any other provision of this code, 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.
(b)  A board of managers appointed by the commissioner under Subchapter C is required to take appropriate actions to resolve the conditions that caused a campus to be subject to an order under Section 39A.101, including amending the school district's budget, reassigning staff, or relocating academic programs.  The commissioner may adopt rules necessary to implement this subsection.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.20, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter E. Board of Managers › Section 39A.202. Board of Managers of School District

Sec. 39A.202.  BOARD OF MANAGERS OF SCHOOL DISTRICT.  (a)  Notwithstanding Section 11.151(b) or 11.1511(a) or any other provision of this code, if the commissioner appoints a board of managers to govern a school district:
(1)  the powers of the board of trustees of the district are suspended for the period of the appointment; and
(2)  the commissioner shall appoint a district superintendent.
(b)  Notwithstanding any other provision of this code, a board of managers appointed to govern a school district may amend the budget of the district.
(c)  This chapter applies to a school district governed by a board of managers in the same manner that this chapter applies to any other district.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.21, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter E. Board of Managers › Section 39A.204. Composition of Board of Managers

Sec. 39A.204.  COMPOSITION OF BOARD OF MANAGERS.  A board of managers appointed by the commissioner must, if possible, include community leaders, business representatives who have expertise in leadership, and individuals who have knowledge or expertise in the field of education.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter E. Board of Managers › Section 39A.205. Training of Board of Managers

Sec. 39A.205.  TRAINING OF BOARD OF MANAGERS.  The commissioner must provide each individual appointed to a board of managers with training in effective leadership strategies.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter E. Board of Managers › Section 39A.206. Compensation

Sec. 39A.206.  COMPENSATION.  (a)  The commissioner may authorize payment of a board of managers appointed under Subchapter C from agency funds. The commissioner may adopt rules necessary to implement this subsection.
(b)  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.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter E. Board of Managers › Section 39A.207. Replacement of Member of Board of Managers

Sec. 39A.207.  REPLACEMENT OF MEMBER OF BOARD OF MANAGERS.  The commissioner may at any time replace a member of a board of managers appointed under Subchapter C.  The commissioner may adopt rules necessary to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter E. Board of Managers › Section 39A.208. Expiration of Appointment

Sec. 39A.208.  EXPIRATION OF APPOINTMENT.  (a)  A board of managers shall, during the period of the appointment, order the election of members of the board of trustees of the school district in accordance with applicable provisions of law.  Except as provided by Subsection (b), the members of the board of trustees do not assume any powers or duties after the election until the appointment of the board of managers expires.
(b)  Except as otherwise provided by Subsection (c), not later than the second anniversary of the date the board of managers of a school district was appointed, the commissioner shall notify the board of managers and the board of trustees of the date on which the appointment of the board of managers will expire.  Following each of the last three years of the period of the appointment, one-third of the members of the board of managers shall be replaced by the number of members of the board of trustees of the district who were elected at an election ordered under Subsection (a) that constitutes, as closely as possible, one-third of the membership of the board of trustees.
(c)  If, before the second anniversary of the date the board of managers of a school district was appointed, the commissioner determines, after receiving local feedback, that insufficient progress has been made toward improving the academic or financial performance of the district, the commissioner may extend the authority of the board of managers for a period of up to two additional years.
(d)  On the expiration of the appointment of the board of managers, the board of trustees assumes all of the powers and duties assigned to a board of trustees by law, rule, or regulation.
(e)  Following the expiration of the period of appointment of a board of managers for a school district, the commissioner shall provide training in effective leadership strategies to the board of trustees of the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter E. Board of Managers › Section 39A.209. Removal of Board of Managers

Sec. 39A.209.  REMOVAL OF BOARD OF MANAGERS.  (a)  Notwithstanding Section 39A.208, the commissioner may remove a board of managers appointed to govern a school district under Subchapter C only if the campus that was the basis for the appointment of the board of managers receives an acceptable performance rating for two consecutive school years.
(b)  If a campus that was the basis for the appointment of a board of managers receives an unacceptable performance rating for two additional consecutive years following the appointment of the board of managers, the commissioner may remove the board of managers and, in consultation with the local community, may appoint a new board of managers to govern the school district.
(c)  Following the removal of a board of managers under Subsection (a) or (b), or at the request of a managing entity appointed under Section 39A.107 to oversee the implementation of alternative management, the commissioner may appoint a conservator or monitor for the school district to ensure district-level support for low-performing campuses and to oversee the implementation of the updated targeted improvement plan.
(d)  The commissioner may adopt rules necessary to implement this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.251. Applicability of Interventions and Sanctions to Open-Enrollment Charter School

Sec. 39A.251.  APPLICABILITY OF INTERVENTIONS AND SANCTIONS TO OPEN-ENROLLMENT CHARTER SCHOOL.  Interventions and sanctions authorized under this chapter for a school district or campus apply in the same manner to an open-enrollment charter school.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.252. Rules

Sec. 39A.252.  RULES.  (a)  The commissioner shall adopt rules to implement procedures to impose intervention or sanction provisions under this chapter as those provisions relate to an open-enrollment charter school.
(b)  In adopting rules under this section, the commissioner shall require that the charter of an open-enrollment charter school be automatically:
(1)  revoked if the charter school is ordered closed under this chapter; or
(2)  modified to remove authorization for an individual campus if the campus is ordered closed under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.253. Hearing Not Required

Sec. 39A.253.  HEARING NOT REQUIRED.  If interventions or sanctions are imposed on an open-enrollment charter school under the procedures provided by this chapter, the school is not entitled to an additional hearing relating to the modification, placement on probation, revocation, or denial of renewal of a charter as provided by Subchapter D, Chapter 12.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.254. Campus Improvement Plan for Open-Enrollment Charter School

Sec. 39A.254.  CAMPUS IMPROVEMENT PLAN FOR OPEN-ENROLLMENT CHARTER SCHOOL.  (a)  This section applies to an open-enrollment charter school campus that satisfies performance standards under Section 39.054(e) for the current school year but would not satisfy performance standards under Section 39.054(e) if the standards to be used for the following school year were applied to the current school year.
(b)  If this section applies to a campus, the campus shall:
(1)  establish a campus-level planning and decision-making committee as provided by Sections 11.251(b)-(e), to the extent practicable; and
(2)  develop a campus improvement plan as provided by Section 11.253.
(c)  On the request of the commissioner, the campus shall submit to the commissioner the portions of the campus improvement plan that are relevant to those areas for which the campus would not satisfy performance standards.  The portions of the improvement plan must be submitted in an electronic format.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.255. Campus Turnaround Plan for Open-Enrollment Charter School

Sec. 39A.255.  CAMPUS TURNAROUND PLAN FOR OPEN-ENROLLMENT CHARTER SCHOOL.  (a)  The commissioner shall adopt rules governing the procedures for an open-enrollment charter school campus that is subject to an order issued under Section 39A.101.  The commissioner may adopt other rules necessary to implement this section.
(b)  The campus turnaround plan of an open-enrollment charter school must include a revision of the school's charter in accordance with Section 12.114.
(c)  Nothing in this section or the following provisions of this chapter may be construed to modify any provision of Subchapter D, Chapter 12, relating to the expiration, nonrenewal, revocation, or modification of the governance of an open-enrollment charter school:
(1)  Subchapter C;
(2)  Subchapter D;
(3)  Section 39A.201(b);
(4)  Section 39A.206(a);
(5)  Section 39A.207; and
(6)  Section 39A.209.
(d)  The governing board of the open-enrollment charter school shall perform the duties of a board of trustees of a school district under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.256. Appointment of Board of Managers for Open-Enrollment Charter School

Sec. 39A.256.  APPOINTMENT OF BOARD OF MANAGERS FOR OPEN-ENROLLMENT CHARTER SCHOOL.  (a)  A board of managers appointed for an open-enrollment charter school under this chapter or Chapter 12 has the powers and duties prescribed by Section 39A.201(b), if applicable, and Sections 39A.201(a), 39A.202, and 39A.206(b).
(b)  Except as otherwise provided by this subsection, the board of managers for an open-enrollment charter school may not serve for a period that exceeds the period authorized by law for a board of managers appointed for a school district.  A board of managers appointed to wind up the affairs of a former open-enrollment charter school or campus serves until dissolved by the commissioner.
(c)  A board of managers appointed for the final closure of a former open-enrollment charter school under Subsection (b) has the authority to:
(1)  access and manage any former charter holder's bank account that contains funds received under Section 12.106; and
(2)  subject to approval by a creditor with a security interest in or lien on property described by Section 12.128 and in accordance with Sections 12.1281 and 12.1282, sell or transfer to another charter holder or school district any property titled to the former charter holder that is identified in the former open-enrollment charter school's annual financial report filed under Section 44.008 as being acquired, wholly or partly, with funds received under Section 12.106.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 10, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.09, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.257. Superintendent for Open-Enrollment Charter School

Sec. 39A.257.  SUPERINTENDENT FOR OPEN-ENROLLMENT CHARTER SCHOOL.  If the commissioner appoints a board of managers for an open-enrollment charter school or a campus of an open-enrollment charter school, the commissioner may also appoint a superintendent.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.258. Removal by Commissioner

Sec. 39A.258.  REMOVAL BY COMMISSIONER.  Any person appointed to serve on the board of managers for an open-enrollment charter school or a campus of an open-enrollment charter school or as superintendent serves at the discretion of the commissioner and may be replaced by the commissioner at any time.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.259. Compensation of Board of Managers and Superintendent

Sec. 39A.259.  COMPENSATION OF BOARD OF MANAGERS AND SUPERINTENDENT.  (a)  The commissioner may authorize compensation for a member of a board of managers for an open-enrollment charter school or a campus of an open-enrollment charter school or a superintendent appointed by the commissioner.
(b)  The commissioner shall establish the terms of compensation provided under Subsection (a).
(c)  The agency shall use funds received by or due to the former charter holder under Section 12.106 or funds returned to the state from liquidation of property described by Section 12.128 and held by a former charter holder for compensation of a member of a board of managers for an open-enrollment charter school or a campus of an open-enrollment charter school or a superintendent.
(d)  If funds described by Subsection (c) are not available or the commissioner determines that the circumstances require, the commissioner may use available agency funds, provided that the use of the available funds for that purpose is not prohibited by other law.
(e)  To the extent this section conflicts with Section 39A.206(a), this section prevails.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 11, eff. June 10, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter F. Interventions and Sanctions for Open-Enrollment Charter Schools › Section 39A.260. Immunity; Representation by Attorney General

Sec. 39A.260.  IMMUNITY; REPRESENTATION BY ATTORNEY GENERAL.  Any person appointed by the commissioner to serve on the board of managers for an open-enrollment charter school or a campus of an open-enrollment charter school or as superintendent acts on behalf of the commissioner and is entitled to:
(1)  sovereign immunity; and
(2)  representation by the attorney general for any act or omission taken while acting in the person's official capacity.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter G. Challenge of Intervention or Sanction › Section 39A.301. Review of Sanctions by State Office of Administrative Hearings

Sec. 39A.301.  REVIEW OF SANCTIONS BY STATE OFFICE OF ADMINISTRATIVE HEARINGS.  (a)  A school district or open-enrollment charter school must appeal under this section if the district or charter school intends to challenge a decision by the commissioner under this chapter to:
(1)  close the district or a district campus or the charter school;
(2)  pursue alternative management of a district campus or the charter school;
(3)  appoint a board of managers to the district or charter school; or
(4)  appoint a conservator or management team to the district or charter school.
(b)  A challenge to a decision under this section is under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code.  The commissioner shall adopt procedural rules for a challenge under this section.
(c)  Notwithstanding other law:
(1)  the State Office of Administrative Hearings shall conduct an expedited review of a challenge under this section;
(2)  the administrative law judge shall issue a final order not later than the 30th day after the date on which the hearing is finally closed;
(3)  the decision of the administrative law judge is final and may not be appealed; and
(4)  the decision of the administrative law judge may set an effective date for an action under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.22, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter Z. Miscellaneous Provisions › Section 39A.901. Annual Review

Sec. 39A.901.  ANNUAL REVIEW.  (a)  The commissioner shall annually review the performance of a school district or campus subject to this chapter to determine the appropriate actions to be implemented under this chapter.
(b)  The commissioner must review at least annually the performance of a school district for which the accreditation status or performance rating has been lowered due to insufficient student performance and may not raise the accreditation status or performance rating until the district has demonstrated improved student performance.
(c)  If the review conducted under this section 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 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter Z. Miscellaneous Provisions › Section 39A.902. Acquisition of Professional Services

Sec. 39A.902.  ACQUISITION OF PROFESSIONAL SERVICES.  In addition to other interventions and sanctions authorized under this chapter, the commissioner may order a school district or campus to acquire professional services at the expense of the district or campus to address the applicable financial, assessment, data quality, program, performance, or governance deficiency.  The commissioner's order may require the district or campus to:
(1)  select or be assigned an external auditor, data quality expert, professional authorized to monitor district assessment instrument administration, or curriculum or program expert; or
(2)  provide for or participate in the appropriate training of district staff or board of trustees members in the case of a district, or campus staff, in the case of a campus.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter Z. Miscellaneous Provisions › Section 39A.903. Costs Paid by School District

Sec. 39A.903.  COSTS PAID BY SCHOOL DISTRICT.  The costs of providing a monitor, conservator, management team, campus intervention team, technical assistance team, managing entity, or service provider under this chapter shall be paid by the school 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 48.272.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.047, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter Z. Miscellaneous Provisions › Section 39A.904. Immunity From Civil Liability

Sec. 39A.904.  IMMUNITY FROM CIVIL LIABILITY.  An employee, volunteer, or contractor acting on behalf of the commissioner under this chapter, or a member of a board of managers appointed by the commissioner under this chapter, is immune from civil liability to the same extent as a professional employee of a school district under Section 22.051.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter Z. Miscellaneous Provisions › Section 39A.905. Campus Name Change Prohibited

Sec. 39A.905.  CAMPUS NAME CHANGE PROHIBITED.  In reconstituting, repurposing, or imposing any other intervention or sanction on a campus under this chapter, the commissioner may not require that the name of the campus be changed.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter Z. Miscellaneous Provisions › Section 39A.906. Commissioner Authority

Sec. 39A.906.  COMMISSIONER AUTHORITY.  A decision by the commissioner under Chapter 39 or this chapter is final and may not be appealed unless an applicable provision of Chapter 39 or this chapter provides otherwise.
Added by Acts 2019, 86th Leg., R.S., Ch. 919 (H.B. 4205), Sec. 4, eff. June 10, 2019.
Transferred, redesignated and amended from Education Code, Section 39A.116 by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.23, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39A - Accountability Interventions and Sanctions › Subchapter Z. Miscellaneous Provisions › Section 39A.907. Assessment Instrument Study

Sec. 39A.907.  ASSESSMENT INSTRUMENT STUDY.  (a)  The commissioner shall enter into a memorandum of understanding with a public institution of higher education to conduct a study to determine whether, for each applicable grade level, each assessment instrument administered under Section 39.023(a) during the 2018-2019 school year or scheduled to be administered during the 2019-2020 school year:
(1)  is written at the appropriate reading level for students in that grade level; and
(2)  includes only:
(A)  passages, questions, answers, and other content aligned with the essential knowledge and skills adopted by the State Board of Education for the applicable subject for the grade level at which the assessment instrument is administered or for any previous grade level; and
(B)  passages written at a reading level not higher than the grade level at which the assessment instrument is administered.
(b)  Not later than December 1, 2019, the commissioner shall submit a report to the legislature and the presiding officer of each legislative standing committee with jurisdiction over primary and secondary education that includes the results of the study.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.036, eff. June 12, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.002. Transfers From Permanent School Fund and General Revenue Fund to Available School Fund

Sec. 43.002.  TRANSFERS FROM PERMANENT SCHOOL FUND AND GENERAL REVENUE FUND TO AVAILABLE SCHOOL FUND.  (a)  On the first working day of each month in a state fiscal year, the comptroller shall transfer from the permanent school fund to the available school fund an amount equal to one-twelfth of the annual distribution from the permanent school fund to the available school fund as provided by Section 5(a), Article VII, Texas Constitution, for the fiscal year.
(b)  Of the amounts available for transfer from the general revenue fund to the available school fund for the months of January and February of each fiscal year, no more than the amount necessary to enable the comptroller to distribute from the available school fund an amount equal to 9-1/2 percent of the estimated annual available school fund apportionment to category 1 school districts, as defined by Section 48.273, and 3-1/2 percent of the estimated annual available school fund apportionment to category 2 school districts, as defined by Section 48.273, may be transferred from the general revenue fund to the available school fund.  Any remaining amount that would otherwise be available for transfer for the months of January and February shall be transferred from the general revenue fund to the available school fund in equal amounts in June and in August of the same fiscal year.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 328, Sec. 3, eff. Jan. 1, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.048, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.003. Investment of Permanent School Fund

Sec. 43.003.  INVESTMENT OF PERMANENT SCHOOL FUND.  The State Board of Education may invest the permanent school fund as authorized by Section 5(f), Article VII, Texas Constitution.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.03, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.0031. Permanent School Fund Ethics Policy

Sec. 43.0031.  PERMANENT SCHOOL FUND ETHICS POLICY.  (a)  In addition to any other requirements provided by law, the State Board of Education shall adopt and enforce an ethics policy that provides standards of conduct relating to the management and investment of the permanent school fund.  The ethics policy must include provisions that address the following issues as they apply to the management and investment of the permanent school fund and to persons responsible for managing and investing the fund:
(1)  general ethical standards;
(2)  conflicts of interest;
(3)  prohibited transactions and interests;
(4)  the acceptance of gifts and entertainment;
(5)  compliance with applicable professional standards;
(6)  ethics training;  and
(7)  compliance with and enforcement of the ethics policy.
(b)  The ethics policy must include provisions applicable to:
(1)  members of the State Board of Education;
(2)  the commissioner;
(3)  employees of the agency;  and
(4)  any person who provides services to the board relating to the management or investment of the permanent school fund.
(c)  Not later than the 45th day before the date on which the board intends to adopt a proposed ethics policy or an amendment to or revision of an adopted ethics policy, the board shall submit a copy of the proposed policy, amendment, or revision to the Texas Ethics Commission and the state auditor for review and comments.  The board shall consider any comments from the commission or state auditor before adopting the proposed policy.
(d)  The provisions of the ethics policy that apply to a person who provides services to the board relating to the management or investment of the permanent school fund must be based on the Code of Ethics and the Standards of Professional Conduct prescribed by the Association for Investment Management and Research or other ethics standards adopted by another appropriate professionally recognized entity.
(e)  The board shall ensure that applicable provisions of the ethics policy are included in any contract under which a person provides services to the board relating to the management and investment of the permanent school fund.
Added by Acts 1999, 76th Leg., ch. 1488, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.0032. Conflicts of Interest

Sec. 43.0032.  CONFLICTS OF INTEREST.  (a)  A member of the State Board of Education, the commissioner, an employee of the agency, or a person who provides services to the board that relate to the management or investment of the permanent school fund who has a business, commercial, or other relationship that could reasonably be expected to diminish the person's independence of judgment in the performance of the person's responsibilities relating to the management or investment of the fund shall disclose the relationship in writing to the board.
(b)  The board or the board's designee shall, in the ethics policy adopted under Section 43.0031, define the kinds of relationships that may create a possible conflict of interest.
(c)  A person who files a statement under Subsection (a) disclosing a possible conflict of interest may not give advice or make decisions about a matter affected by the possible conflict of interest unless the board, after consultation with the general counsel of the agency, expressly waives this prohibition.  The board may delegate the authority to waive the prohibition established by this subsection.
Added by Acts 1999, 76th Leg., ch. 1488, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.0033. Reports of Expenditures

Sec. 43.0033.  REPORTS OF EXPENDITURES.  A consultant, advisor, broker, or other person providing services to the State Board of Education relating to the management and investment of the permanent school fund shall file with the board regularly, as determined by the board, a report that describes in detail any expenditure of more than $50 made by the person on behalf of:
(1)  a member of the board;
(2)  the commissioner; or
(3)  an employee of the agency.
Added by Acts 1999, 76th Leg., ch. 1488, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.04, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.0034. Forms; Public Information

Sec. 43.0034.  FORMS;  PUBLIC INFORMATION.  (a)  The board shall prescribe forms for:
(1)  statements of possible conflicts of interest and waivers of possible conflicts of interest under Section 43.0032;  and
(2)  reports of expenditures under Section 43.0033.
(b)  A statement, waiver, or report described by Subsection (a) is public information.
(c)  The board shall designate an employee of the agency to act as custodian of statements, waivers, and reports described by Subsection (a) for purposes of public disclosure.
Added by Acts 1999, 76th Leg., ch. 1488, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.004. Written Investment Objectives; Performance Evaluation

Sec. 43.004.  WRITTEN INVESTMENT OBJECTIVES;  PERFORMANCE EVALUATION.  (a)  The State Board of Education shall develop written investment objectives concerning the investment of the permanent school fund.  The objectives may address desired rates of return, risks involved, investment time frames, and any other relevant considerations.
(b)  The board shall employ a well-recognized performance measurement service to evaluate and analyze the investment results of the permanent school fund.  The service shall compare investment results with the written investment objectives developed by the board, and shall also compare the investment of the permanent school fund with the investment of other public and private funds.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.005. External Investment Managers

Sec. 43.005.  EXTERNAL INVESTMENT MANAGERS.  (a)  The State Board of Education may contract with private professional investment managers to assist the board in making investments of the permanent school fund.  A contract under this subsection must be approved by the board or otherwise entered into in accordance with board rules relating to contracting authority.
(b)  The State Board of Education by rule may delegate a power or duty relating to the investment of the permanent school fund to a committee, officer, employee, or other agent of the board.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.0051. Transfers to Real Estate Special Fund Account of the Permanent School Fund

Sec. 43.0051.  TRANSFERS TO REAL ESTATE SPECIAL FUND ACCOUNT OF THE PERMANENT SCHOOL FUND.  The State Board of Education may transfer funds from the portion of the permanent school fund managed by the State Board of Education to the real estate special fund account of the permanent school fund if the State Board of Education determines, using the standard of care set forth in Subsection (f), Section 5, Article VII, Texas Constitution, that such transfer is in the best interest of the permanent school fund.
Added by Acts 2007, 80th Leg., R.S., Ch. 1368 (H.B. 3699), Sec. 9, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.006. Investment Management

Sec. 43.006.  INVESTMENT MANAGEMENT.  (a)  The State Board of Education may delegate investment authority for the investment of the permanent school fund to the Texas Permanent School Fund Corporation as provided by Subchapter B.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
(f)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
(g)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
(h)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
(i)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
(j)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
(k)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 58, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 834 (H.B. 860), Sec. 2, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.05, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.08, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.007. Purchase and Sale or Exchange of Securities

Sec. 43.007.  PURCHASE AND SALE OR EXCHANGE OF SECURITIES.  (a)  The State Board of Education may authorize the purchase of all of the types of securities in which it is authorized by law to invest the permanent school fund in either registered or negotiable form.  The board may authorize the reissue of those securities held at any time for the account of the permanent school fund in either registered or negotiable form.  The State Board of Education may authorize the sale of any of the securities held for the account of the permanent school fund and reinvest the proceeds of sale for the fund and may authorize the exchange of any of the securities held for the account of the permanent school fund.
(b)  In making purchases, sales, exchanges, and reissues, the State Board of Education shall exercise the judgment and care under the circumstances then prevailing that persons of ordinary prudence, discretion, and intelligence exercise in the management of their own affairs not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.
(c)  When any securities are sold, reissued, or exchanged as provided by Subsection (a), the custodian of the securities shall deliver the securities sold, reissued, or exchanged in accordance with the directions of the State Board of Education.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.009. Prepayment of Certain Bonds Held by the Permanent School Fund

Sec. 43.009.  PREPAYMENT OF CERTAIN BONDS HELD BY THE PERMANENT SCHOOL FUND.  (a)  The State Board of Education may authorize the governing body of any political subdivision in this state to pay off and discharge, at any interest paying date whether the bonds are matured or not, all or any part of any outstanding bond indebtedness owned by the permanent school fund.
(b)  The governing body of a political subdivision desiring to pay off and discharge any bonded indebtedness owned by the fund shall apply in writing to the State Board of Education, not later than the 30th day before any interest paying date on the bonds, describing the bonds or part of the bonds it desires to pay off and discharge.  The application must be accompanied by an affidavit stating that only tax money collected from a tax levy made for the specific purpose of providing a sinking fund and paying interest on the particular bonds to be redeemed will be spent in redeeming, taking up, or paying off the bonds.
(c)  The State Board of Education, on receiving the application and affidavit, shall take action on them in the manner it considers best and shall notify the applicant whether the application is refused or granted in whole or in part.
(d)  A person who has a duty under this section may not give or receive any commission, premium, or compensation for the performance of that duty.
(e)  Only tax money collected from tax levies made for the specific purpose of providing a sinking fund and paying interest on the particular bonds to be redeemed may be spent in redeeming, taking up, or paying off of bonds as provided by this section, unless the bonds are being redeemed for the purpose of being refunded.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle I - School Finance and Fiscal Management › Chapter 43 - Permanent School Fund and Available School Fund › Subchapter A. General Provisions › Section 43.010. Default of School District Securities Held by the Permanent School Fund

Sec. 43.010.  DEFAULT OF SCHOOL DISTRICT SECURITIES HELD BY THE PERMANENT SCHOOL FUND.  (a)  If interest or principal has not been paid for two years or more on any bonds issued by any school district and held by the permanent school fund, the State Board of Education may:
(1)  compel the district to levy a tax sufficient to meet the interest and principal payments then or later due;  or
(2)  if the district furnishes to the State Board of Education satisfactory proof that the district's taxing ability is insufficient, require the district to:
(A)  exhaust all legal remedies in collecting delinquent taxes;  and
(B)  levy a tax at the maximum lawful rate on the bona fide valuation of taxable property located in the district.
(b)  Revenue collected by either method specified by Subsection (a) shall be distributed proportionately to all owners of the defaulted securities in compliance with the following:
(1)  the proportionate share for each owner is based on the interest and principal requirements of the original security before authorized refunding;  and
(2)  prior acceptance of refunding securities does not reduce an owner's proportionate share.
(c)  As long as any school district is delinquent in its payments of principal or interest on any of its bonds owned by the permanent school fund, the State Board of Education may specify the method of crediting payments to the state made by the district as to principal and interest.
(d)  The comptroller may not issue any warrant from the foundation school fund to or for the benefit of any district that has been for as long as two years in default in the payment of principal or interest on any security owned by the permanent school fund until the State Board of Education certifies that the district has satisfactorily complied with the appropriate provisions of this section, in which event the comptroller shall resume making payments to or for the benefit of the district, including the making of pretermitted payments.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.