reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.032. Assessment Instrument Standards; Civil Penalty

Sec. 39.032.  ASSESSMENT INSTRUMENT STANDARDS;  CIVIL PENALTY.  (a)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1210, Sec. 2, eff. June 19, 2009.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1210, Sec. 2, eff. June 19, 2009.
(c)  State and national norms of averages shall be computed using data that are not more than eight years old at the time the assessment instrument is administered and that are representative of the group of students to whom the assessment instrument is administered.
(c-1)  The standardization norms computed under Subsection (c) shall be:
(1)  based on a national probability sample that meets accepted standards for educational and psychological testing; and
(2)  updated at least every eight years using proven psychometric procedures approved by the State Board of Education.
(c-2)  The eight-year limitation on data to compute norms under this section does not apply if only data older than eight years is available for an assessment instrument.  The commissioner by rule may limit the exception created by this subsection based on the type of assessment instrument.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1210, Sec. 2, eff. June 19, 2009.
(e)  The State Board of Education shall adopt rules for the implementation of this section and for the maintenance of the security of the contents of all assessment instruments.
(f)  In this section, "assessment instrument" means a group-administered achievement test.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1210 (S.B. 759), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1210 (S.B. 759), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.033. Voluntary Assessment of Private School Students

Sec. 39.033.  VOLUNTARY ASSESSMENT OF PRIVATE SCHOOL STUDENTS.  (a)  Under an agreement with the agency, a private school may administer an assessment instrument adopted under this subchapter to students at the school.
(b)  An agreement under this section must require the private school to:
(1)  as determined appropriate by the commissioner, provide to the commissioner the information described by Sections 39.053(c) and 39.301(c); and
(2)  maintain confidentiality in compliance with Section 39.030.
(c)  A private school must reimburse the agency for the cost of administering an assessment instrument under this section.  The State Board of Education shall determine the cost under this section.  The per-student cost may not exceed the cost of administering the same assessment to a student enrolled in a public school district.
(d)  In this section, "private school" means a school that:
(1)  offers a general education to elementary or secondary students;  and
(2)  is not operated by a governmental entity.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 57, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.034. Measure of Annual Improvement in Student Achievement

Sec. 39.034.  MEASURE OF ANNUAL IMPROVEMENT IN STUDENT ACHIEVEMENT.  (a)  The commissioner shall determine a method by which the agency may measure annual improvement in student achievement from one school year to the next on an assessment instrument required under this subchapter.
(b)  For emergent bilingual students, as defined by Section 29.052, the agency shall use a student's performance data on reading proficiency assessment instruments in English and one other language to calculate the student's progress toward dual language proficiency.
(c)  The agency shall use a student's previous years' performance data on an assessment instrument required under this subchapter to determine the student's expected annual improvement.  The agency shall report that expected level of annual improvement and the actual level of annual improvement achieved to the district.  The report must state whether the student fell below, met, or exceeded the agency's expectation for improvement.
(d)  The agency shall determine the necessary annual improvement required each year for a student to be prepared to perform satisfactorily on, as applicable:
(1)  the grade five assessment instruments;
(2)  the grade eight assessment instruments; and
(3)  the end-of-course assessment instruments required under this subchapter for graduation.
(d-1)  The agency shall report the necessary annual improvement required under Subsection (d) to the district.  Each year, the report must state whether the student fell below, met, or exceeded the necessary target for improvement.
(e)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 66(1), eff. June 19, 2009.
(f)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 66(1), eff. June 19, 2009.
(g)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 66(1), eff. June 19, 2009.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.09, eff. May 31, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 13, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 58, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 66(1), eff. June 19, 2009.
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 21, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.035. Limitation on Field Testing of Assessment Instruments

Sec. 39.035.  LIMITATION ON FIELD TESTING OF ASSESSMENT INSTRUMENTS.  (a)  Subject to Subsection (b), the agency may conduct field testing of questions for any assessment instrument administered under Section 39.023(a), (b), (c), (d), or (l) that is separate from the administration of the assessment instrument not more frequently than every other school year.
(b)  Subsection (a) does not limit field testing necessary to develop new assessment instruments required under state or federal law.
(c)  Before the beginning of each school year, the agency shall notify each school district regarding the required participation of the district in field testing activities during that school year.
Added by Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 14, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.036. Vertical Scale for Certain Assessment Instruments

Sec. 39.036.  VERTICAL SCALE FOR CERTAIN ASSESSMENT INSTRUMENTS.  (a)  The agency shall develop a vertical scale for assessing student performance on assessment instruments administered under Sections 39.023(a)(1) and (2) in a manner that allows the agency to compare the performance of a student on the assessment instruments from one grade level to the next.
(b)  The commissioner shall adopt rules necessary to implement this section.
(c)  Expired.
Added by Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 14, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.037. International Assessment Instrument Program

Sec. 39.037.  INTERNATIONAL ASSESSMENT INSTRUMENT PROGRAM.  (a)  In this section, "program" means the international assessment instrument program.
(b)  The  commissioner shall establish a program under which a participating school district administers international assessment instruments to students in the district.
(c)  A school district may apply to the commissioner to participate in the program.  The commissioner shall select for participation school districts from both rural and urban areas of the state.  If necessary, the commissioner may require a school district to participate in the program.
(d)  A participating school district shall administer international assessment instruments as required by the commissioner.
(e)  In administering the program, the commissioner shall:
(1)  compare the performance on the international assessment instruments of students in this state with students of the same grade level in other countries;
(2)  compare the international assessment instruments with state assessment instruments and state educational goals; and
(3)  provide professional development for educators in the interpretation and use of results of the international assessment instruments.
(f)  Each biennium the commissioner may use funds appropriated for the Foundation School Program to provide funding for the program in an amount not to exceed $2 million.
(g)  Not later than January 1 of each odd-numbered year, the commissioner shall prepare and deliver a report describing the results of student performance on the international assessment instruments to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, and each school district.
(h)  The commissioner may adopt rules necessary to administer this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 754 (H.B. 3259), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.038. Restriction on Appointments to Advisory Committees

Sec. 39.038.  RESTRICTION ON APPOINTMENTS TO ADVISORY COMMITTEES.  The commissioner may not appoint a person to a committee or panel that advises the commissioner or agency regarding state accountability systems under this title or the content or administration of an assessment instrument if the person is retained or employed by an assessment instrument vendor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 40, eff. June 10, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.0381. Auditing and Monitoring Performance Under Contracts for Assessment Instruments

Sec. 39.0381.  AUDITING AND MONITORING PERFORMANCE UNDER CONTRACTS FOR ASSESSMENT INSTRUMENTS.  (a)  The agency by rule shall develop a comprehensive methodology for auditing and monitoring performance under contracts for services to develop or administer assessment instruments required by Section 39.023 to verify compliance with contractual obligations.
(b)  The agency shall ensure that all new and renewed contracts described by Subsection (a) include a provision that the agency or a designee of the agency may conduct periodic contract compliance reviews, without advance notice, to monitor vendor performance.
(c)  The agency shall adopt rules to administer this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1006 (H.B. 743), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter B. Assessment of Academic Skills › Section 39.039. Prohibition on Political Contribution or Activity by Certain Contractors

Sec. 39.039.  PROHIBITION ON POLITICAL CONTRIBUTION OR ACTIVITY BY CERTAIN CONTRACTORS.  (a) A person who is an agent of an entity that has been contracted to develop or implement assessment instruments required under Section 39.023 commits an offense if the person makes or authorizes a political contribution to or takes part in, directly or indirectly, the campaign of any person seeking election to or serving on the State Board of Education.
(b)  A person who is an agent of an entity that has been contracted to develop or implement assessment instruments required under Section 39.023 commits an offense if the person serves as a member of a formal or informal advisory committee established by the commissioner, agency staff, or the State Board of Education to advise the commissioner, agency staff, or the State Board of Education regarding policies or implementation of the requirements of this subchapter.
(c)  An offense under this section is a Class B misdemeanor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 41(a), eff. June 10, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.051. Accreditation Status

Sec. 39.051.  ACCREDITATION STATUS.  Accreditation of a school district is determined in accordance with this subchapter.  The commissioner by rule shall determine in accordance with this subchapter the criteria for the following accreditation statuses:
(1)  accredited;
(2)  accredited-warned; and
(3)  accredited-probation.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 767, Sec. 6, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 396, Sec. 2.20, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 397, Sec. 7, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1422, Sec. 3, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 8, Sec. 3, eff. April 11, 2001;  Acts 2001, 77th Leg., ch. 725, Sec. 4, 5, eff. June 13, 2001;  Acts 2001, 77th Leg., ch. 834, Sec. 10, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 4.007, 4.008, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 201, Sec. 26, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 433, Sec. 2, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 805, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.10, eff. May 26, 2006.
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.11, eff. May 26, 2006.
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.13, eff. May 26, 2006.
Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 15, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1340 (S.B. 1871), Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.0541. Adoption of Indicators and Standards

Sec. 39.0541.  ADOPTION OF INDICATORS AND STANDARDS.  The commissioner may adopt indicators and standards under this subchapter at any time during a school year before the evaluation of a school district or campus.
Added by Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 13, eff. June 15, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.0542. Explanatory Materials for Accountability Rating System

Sec. 39.0542.  EXPLANATORY MATERIALS FOR ACCOUNTABILITY RATING SYSTEM.  (a)  Each school year, the commissioner shall provide each school district a document in a simple, accessible format that explains the accountability performance measures, methods, and procedures that will be applied for that school year in assigning each school district and campus a performance rating under Section 39.054.
(b)  The document provided under Subsection (a) must be provided in a format that a school district is able to easily distribute to parents of students enrolled in the district and other interested members of the public.
(c)  The commissioner, in collaboration with interested stakeholders, shall develop standardized language for each domain that does not exceed 250 words and that clearly describes the annual status of a district and campus relating to district and campus performance on the indicators used for that domain to determine the letter performance rating assigned to a district and campus.
Added by Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 14, eff. June 15, 2017.
For expiration of Subsections (b-1), (b-2), and (b-3), see Subsection (b-3).
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.0543. Performance Rating Requiring Intervention or Other Action

Sec. 39.0543.  PERFORMANCE RATING REQUIRING INTERVENTION OR OTHER ACTION.  (a)  A reference in law to an acceptable performance rating or acceptable performance includes an overall or domain performance rating of A, B, or C or performance that is exemplary, recognized, or acceptable.  A reference in law to an unacceptable performance rating or unacceptable performance includes an overall or domain performance rating of F.  For the purposes of public reporting requirements, an overall or domain performance rating of D shall be referred to as performance that needs improvement.
(b)  A reference in law to an acceptable performance rating or acceptable performance for a school district, open-enrollment charter school, district campus, or charter school campus includes an overall performance rating of D if, since previously receiving an overall performance rating of C or higher, the district, charter school, district campus, or charter school campus:
(1)  has not previously received more than one overall performance rating of D; or
(2)  has not received an overall performance rating of F.
(b-1)  For the purposes of this section, an overall performance rating issued in a previous school year for a school district, open-enrollment charter school, district campus, or charter school campus of:
(1)  met standard, academically acceptable, recognized, exemplary, A, B, or C is considered to be a performance rating of C or higher; and
(2)  performance that needs improvement, academically unacceptable, or F is considered to be a rating of F.
(b-2)  For purposes of determining whether a reference in law to an acceptable performance rating or acceptable performance includes an overall performance rating of D under Subsection (b), a performance rating of D assigned to a school district, open-enrollment charter school, district campus, or charter school campus prior to the 2018-2019 school year shall not be considered.
(b-3)  Subsections (b-1) and (b-2) and this subsection expire September 1, 2027.
(c)  A reference in law to an unacceptable performance rating or unacceptable performance includes a performance rating of D if the rating does not satisfy Subsection (b).
(d)  For purposes of Subsection (b), a school district, open-enrollment charter school, district campus, or charter school campus that has never received an overall performance rating shall be considered to have previously received an overall performance rating of C or higher.
Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.07, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.0545. Alternative Methods and Standards for Evaluating Performance for 2020-2021 School Year

Sec. 39.0545.  ALTERNATIVE METHODS AND STANDARDS FOR EVALUATING PERFORMANCE FOR 2020-2021 SCHOOL YEAR.  (a)  This section applies to a campus:
(1)  that meets the participation requirements for all students in all subject areas for the annual measurement of achievement under Section 1111, Every Student Succeeds Act (20 U.S.C. Section 6311(c)(4)(E)); and
(2)  to which the most recent performance rating assigned, other than a "Not Rated" rating, is a D, F, or performance that needs improvement.
(b)  Notwithstanding any other law, the commissioner shall adopt rules to develop and implement alternative methods and standards for evaluating the performance for the 2020-2021 school year of a campus to which this section applies.  The rules adopted under this section must evaluate a campus under the domains of indicators of achievement listed in Sections 39.053(c)(1) and (2).
(c)  The commissioner shall review a campus to which this section applies under the alternative methods and standards adopted under Subsection (b) on the request of the school district in which the campus is located made by the deadline established by commissioner rule.
(d)  An acceptable performance rating assigned under the alternative methods and standards adopted by the commissioner under Subsection (b) is considered a break in consecutive school years of unacceptable performance ratings under this code.
(e)  If the commissioner determines that the campus would not be assigned an acceptable performance rating, the commissioner shall instead assign the campus a rating of "Not Rated."
(f)  This section does not apply to an intervention ordered on the basis of consecutive school years of unacceptable performance ratings accrued before the effective date of this section.
(g)  This section expires September 1, 2027.
Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.08, eff. September 1, 2021.
For expiration of this section, see Subsection (d).
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.0546. Covid-19 Recovery Accountability for 2021-2022 School Year

Sec. 39.0546.  COVID-19 RECOVERY ACCOUNTABILITY FOR 2021-2022 SCHOOL YEAR.  (a)  Notwithstanding any other law, the commissioner shall assign to a school district or campus a rating of "Not Rated" for the 2021-2022 school year, unless, after reviewing the district or campus under the methods and standards adopted under Section 39.054, the commissioner determines the district or campus should be assigned an overall performance rating of C or higher.
(b)  Regardless of the rating assigned under this section, if the commissioner would have otherwise assigned a campus an unacceptable performance rating, the campus is considered to be a campus assigned an unacceptable performance rating for purposes of determining a student's eligibility for a public education grant under Section 29.202.
(c)  Notwithstanding any other law, the commissioner shall take an action described by Section 39A.111(1) or (2) if a campus:
(1)  is not assigned an overall performance rating of C or higher for the 2021-2022 school year; and
(2)  has been assigned an unacceptable performance rating for five or more school years prior to the 2021-2022 school year.
(d)  This section expires September 1, 2028.
Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.08, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.0548. Evaluating Dropout Recovery Schools

Sec. 39.0548.  EVALUATING DROPOUT RECOVERY SCHOOLS.  (a)  For purposes of evaluating performance under Section 39.053(c), the commissioner shall designate as a dropout recovery school a school district or an open-enrollment charter school or a campus of a district or of an open-enrollment charter school:
(1)  that:
(A)  serves students in grades 9 through 12 and has an enrollment of which at least 60 percent of the students are 16 years of age or older as of September 1 of the school year as reported for the fall semester Public Education Information Management System (PEIMS) submission; or
(B)  applies for and receives designation as a dropout recovery school in accordance with commissioner rule; and
(2)  that meets the eligibility requirements for and is registered under alternative education accountability procedures adopted by the commissioner.
(b)  Notwithstanding Section 39.053(c)(1)(B)(ix), the commissioner shall use the alternative completion rate under this subsection to determine the graduation rate indicator under Section 39.053(c)(1)(B)(ix) for a dropout recovery school.  The alternative completion rate shall be the ratio of the total number of students who graduate, continue attending school into the next academic year, or receive a high school equivalency certificate to the total number of students in the longitudinal cohort of students.
(c)  Notwithstanding Section 39.053(c)(1)(B)(ix), in determining the performance rating under Section 39.054 of a dropout recovery school, the commissioner shall include any student described by Section 39.053(g-1) who graduates or receives a high school equivalency certificate.
(d)  Notwithstanding Section 39.053(c), for purposes of evaluating a dropout recovery school under the accountability procedures adopted by the commissioner to determine the performance rating of the school under Section 39.054, only the best result from the primary administration or any retake of an assessment instrument administered to a student in the school year evaluated may be considered.
Added by Acts 2013, 83rd Leg., R.S., Ch. 167 (S.B. 1538), Sec. 1, eff. May 24, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 6, eff. June 19, 2015.
Redesignated from Education Code, Section 39.0545 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(11), eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 15, eff. June 15, 2017.
Acts 2021, 87th Leg., R.S., Ch. 93 (S.B. 879), Sec. 3, eff. May 24, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.055. Student Ordered by a Juvenile Court or Student in Residential Facility Not Considered for Accountability Purposes

Sec. 39.055.  STUDENT ORDERED BY A JUVENILE COURT OR STUDENT IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY PURPOSES.  Notwithstanding any other provision of this code except to the extent otherwise provided under Section 39.053(g-3), for purposes of determining the performance of a school district, campus, or open-enrollment charter school under this chapter, a student ordered by a juvenile court into a residential program or facility operated by or under contract with the Texas Juvenile Justice Department, a juvenile board, or any other governmental entity or any student who is receiving treatment in a residential facility is not considered to be a student of the school district in which the program or facility is physically located or of an open-enrollment charter school, as applicable.  The performance of such a student on an assessment instrument or other achievement indicator adopted under Section 39.053 or reporting indicator adopted under Section 39.301 shall be determined, reported, and considered separately from the performance of students attending a school of the district in which the program or facility is physically located or an open-enrollment charter school, as applicable.
Added by Acts 2001, 77th Leg., ch. 834, Sec. 12, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 27, 61(1), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 903, Sec. 1, 4, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 517 (S.B. 306), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 15, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 16, eff. June 15, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.0552. Memorandum of Understanding Between School District and State Hospital for Accountability Purposes

Sec. 39.0552.  MEMORANDUM OF UNDERSTANDING BETWEEN SCHOOL DISTRICT AND STATE HOSPITAL FOR ACCOUNTABILITY PURPOSES.  A memorandum of understanding between a school district and a state hospital under which the district provides educational services to a student who resides in the state hospital must provide that the school district include the performance of the student on an assessment instrument or other achievement indicator adopted under Section 39.053 or a reporting indicator adopted under Section 39.301 in determining the performance of that school district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1109 (H.B. 2210), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.056. Monitoring Reviews

Sec. 39.056.  MONITORING REVIEWS.  (a)  The commissioner may direct the agency to conduct monitoring reviews and random on-site visits of a school district at any time as authorized by Section 7.028.
(b)  The commissioner shall determine the frequency of monitoring reviews by the agency according to:
(1)  annual comprehensive analyses of student performance and equity in relation to the achievement indicators adopted under Section 39.053;
(2)  reviews of fiscal reports and other fiscal data as set forth in Section 44.010; or
(3)  comprehensive analyses of financial accountability standards under Subchapter D.
(c)  In conducting a monitoring review, the agency may obtain information from administrators, other district employees, parents of students enrolled in the school district, and other persons as necessary.   The commissioner shall adopt rules for:
(1)  obtaining information from parents and using that information in the monitoring review report; and
(2)  obtaining information from other district employees in a manner that prevents a district or campus from screening the information.
(d)  The agency shall give written notice to the superintendent and the board of trustees of a school district of any impending monitoring review.
(e)  The agency shall report in writing to the superintendent and president of the board of trustees of the school district and shall make recommendations concerning any necessary improvements or sources of aid such as regional education service centers.
(f)  A district which takes action with regard to the recommendations provided by the agency as prescribed by Subsection (e) shall make a reasonable effort to seek assistance from a third party in developing an action plan to improve district performance using improvement techniques that are goal oriented and research based.
(g)  A monitoring review may include desk reviews and on-site visits, including random on-site visits.
(h)  The commissioner may at any time convert a monitoring review to a special investigation under Section 39.003, provided the commissioner promptly notifies the school district of the conversion.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 47, eff. June 10, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 7, eff. June 19, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 16, eff. June 19, 2015.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.07, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter C. Accreditation › Section 39.059. Data Transparency

Sec. 39.059.  DATA TRANSPARENCY.  (a)  In this section:
(1)  "Coordinating board" means the Texas Higher Education Coordinating Board.
(2)  "Institution of higher education" has the meaning assigned by Section 61.003.
(b)  Before the initial release of academic accountability ratings for a school year:
(1)  the coordinating board shall provide to each school district a copy of all source data as submitted to the coordinating board by an institution of higher education that the coordinating board provides to the agency to consider in:
(A)  determining the district's accreditation status under Section 39.052; or
(B)  assigning performance ratings for the district or the district's campuses under Section 39.054; and
(2)  the agency shall provide to each school district a copy of all source data as submitted to the agency by an entity other than the district that the agency considers in:
(A)  determining the district's accreditation status under Section 39.052; or
(B)  assigning performance ratings for the district or the district's campuses under Section 39.054.
Added by Acts 2019, 86th Leg., R.S., Ch. 870 (H.B. 3007), Sec. 1, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 871 (H.B. 3011), Sec. 1, eff. September 1, 2019.
Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.015, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter D. Financial Accountability › Section 39.081. Definitions

Sec. 39.081.  DEFINITIONS.  In this subchapter:
(1)  "Parent" includes a guardian or other person having lawful control of a student.
(2)  "System" means a financial accountability rating system developed under this subchapter.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter D. Financial Accountability › Section 39.0821. Comptroller Review of Resource Allocation Practices

Sec. 39.0821.  COMPTROLLER REVIEW OF RESOURCE ALLOCATION PRACTICES.  (a)  The comptroller shall identify school districts and campuses that use resource allocation practices that contribute to high academic achievement and cost-effective operations.  In identifying districts and campuses under this section, the comptroller shall:
(1)  evaluate existing academic accountability and financial data by integrating the data;
(2)  rank the results of the evaluation under Subdivision (1) to identify the relative performance of districts and campuses; and
(3)  identify potential areas for district and campus improvement.
(b)  In reviewing resources allocation practices of districts and campuses under this section, the comptroller shall ensure resources are being used for the instruction of students by evaluating:
(1)  the operating cost for each student;
(2)  the operating cost for each program; and
(3)  the staffing cost for each student.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter D. Financial Accountability › Section 39.0823. Projected Deficit

Sec. 39.0823.  PROJECTED DEFICIT.  (a)  If the commissioner, based on the indicators adopted under Section 39.082 or other relevant information, projects a deficit for a school district or open-enrollment charter school general fund within the following three school years, the agency shall provide the district or school interim financial reports, including projected revenues and expenditures, to evaluate the current budget status of the district or school.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(b)(5), eff. September 1, 2014.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(b)(5), eff. September 1, 2014.
(d)  The agency may require a district or open-enrollment charter school to submit additional information needed to produce a financial report under Subsection (a).  If a district or school fails to provide information requested under this subsection or if the commissioner determines that the information submitted by a district or school is unreliable, the commissioner may order the district or school to acquire professional services as provided by Section 39A.902.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 50(a), eff. June 10, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(b)(5), eff. September 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(22), eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter D. Financial Accountability › Section 39.0824. Corrective Action Plan

Sec. 39.0824.  CORRECTIVE ACTION PLAN.  (a)  A school district or open-enrollment charter school assigned the lowest rating under Section 39.082 shall submit to the commissioner a corrective action plan to address the financial weaknesses of the district or school.  A corrective action plan must identify the specific areas of financial weaknesses, such as financial weaknesses in transportation, curriculum, or teacher development, and include strategies for improvement.
(b)  The commissioner may impose appropriate sanctions under Chapter 39A against a district or school failing to submit or implement a corrective action plan required under Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 51(a), eff. June 10, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(23), eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter D. Financial Accountability › Section 39.083. Reporting

Sec. 39.083.  REPORTING.  (a)  The commissioner shall develop, as part of the system, a reporting procedure under which:
(1)  each school district is required to prepare and distribute an annual financial management report; and
(2)  the public is provided an opportunity to comment on the report at a hearing.
(b)  The annual financial management report must include:
(1)  a description of the district's financial management performance based on a comparison, provided by the agency, of the district's performance on the indicators adopted under Section 39.082(b) to:
(A)  state-established standards; and
(B)  the district's previous performance on the indicators; 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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 52(a), eff. June 10, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter D. Financial Accountability › Section 39.085. Rules

Sec. 39.085.  RULES.  The commissioner shall adopt rules as necessary for the implementation and administration of this subchapter.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter D. Financial Accountability › Section 39.086. Software Standards

Sec. 39.086.  SOFTWARE STANDARDS.  (a)  The Department of Information Resources, in cooperation with the commissioner, shall adopt performance and interoperability standards for software used by school districts for financial accounting or attendance reporting.
(b)  Standards adopted under this section must ensure that the software will enable a school district to share and report information in a timely manner for purposes of financial management, operational decision-making, and transparency of district operations to the public.
(c)  The Department of Information Resources:
(1)  shall include compliance with standards adopted under this section as a requirement in any solicitation for software anticipated to be used for a purpose described by Subsection (a);
(2)  shall require a vendor awarded a contract in response to a solicitation described by Subdivision (1) to certify that the software complies with the standards adopted under this section; and
(3)  may negotiate state contract pricing for software that complies with the standards adopted under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 2.06, eff. September 1, 2009.
Transferred and redesignated from Education Code, Section 39.205 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(6), eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter F. Procedures for Challenge of Accountability Determination › Section 39.151. Review by Commissioner: Accountability Determination

Sec. 39.151.  REVIEW BY COMMISSIONER:  ACCOUNTABILITY DETERMINATION.  (a)  The commissioner by rule shall provide a process for a school district or open-enrollment charter school to challenge an agency decision made under this chapter relating to an academic or financial accountability rating that affects the district or school, including a determination of consecutive school years of unacceptable performance ratings.
(b)  The rules under Subsection (a) must provide for the commissioner to appoint a committee to make recommendations to the commissioner on a challenge made to an agency decision relating to an academic performance rating or determination, including a determination of consecutive school years of unacceptable performance ratings, or financial accountability rating.  The commissioner may not appoint an agency employee as a member of the committee.
(c)  The commissioner may limit a challenge under this section to a written submission of any issue identified by the school district or open-enrollment charter school challenging the agency decision.
(d)  The commissioner shall make a final decision under this section after considering the recommendation of the committee described by Subsection (b).  The commissioner's decision may not be appealed under Section 7.057 or other law.
(e)  A school district or open-enrollment charter school may not challenge an agency decision relating to an academic or financial accountability rating under this chapter, including a decision relating to a determination of consecutive school years of unacceptable performance ratings, in another proceeding if the district or school has had an opportunity to challenge the decision under this section.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.09, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter G. Distinction Designations › Section 39.201. Distinction Designations

Sec. 39.201.  DISTINCTION DESIGNATIONS.  (a)  Not later than August 8 of each year, the commissioner shall award distinction designations for outstanding performance as provided by this subchapter. A distinction designation awarded to a district or campus under this subchapter shall be referenced directly in connection with the performance rating assigned to the district or campus and made publicly available together with the performance ratings as provided by rules adopted under Section 39.054(a).
(b)  A district or campus may not be awarded a distinction designation under this subchapter unless the district or campus has acceptable performance under Section 39.054.
(c)  In addition to the condition prescribed by Subsection (b), an open-enrollment charter school may not be awarded a distinction designation under this subchapter if the charter school is evaluated under alternative education accountability procedures adopted by the commissioner.
Added by Acts 2001, 77th Leg., ch. 914, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 662 (S.B. 1484), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 53(a), eff. June 10, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle H - Public School System Accountability › Chapter 39 - Public School System Accountability › Subchapter G. Distinction Designations › Section 39.2011. Applicability to Charter Schools

Sec. 39.2011.  APPLICABILITY TO CHARTER SCHOOLS.  In this subchapter:
(1)  a district includes an open-enrollment charter school that operates on more than one campus; and
(2)  a campus includes an open-enrollment charter school campus.
Added by Acts 2011, 82nd Leg., R.S., Ch. 662 (S.B. 1484), Sec. 2, eff. June 17, 2011.