Title ED, Education Code

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) accredite…

Sec. 39.0511. WAIVER REQUEST FOR CERTAIN FEDERAL ACCOUNTABILITY-RELATED REQUIREMENTS. (a) This section applies to a school district campus in which at least 90 percent of the students have been identified as having a significant cognitive disability and receive special education …

Sec. 39.052. DETERMINATION OF ACCREDITATION STATUS OR PERFORMANCE RATING. (a) Each year, the commissioner shall determine the accreditation status of each school district. (b) In determining the accreditation status of a school district, the commissioner: (1) shall evaluate and c…

Sec. 39.053. PERFORMANCE INDICATORS: ACHIEVEMENT. (a) The commissioner shall adopt a set of indicators of the quality of learning and achievement, including the indicators under Subsection (c). The commissioner periodically shall review the indicators for the consideration of app…

Sec. 39.0531. INDUSTRY CERTIFICATION LIST. (a) The agency, the Texas Higher Education Coordinating Board, and the Texas Workforce Commission shall jointly develop and make available a list of industry certifications that are eligible for purposes of Section 39.053(c)(1)(B)(v). In…

Sec. 39.0532. REPORTING OF LOCAL INDICATORS OF STUDENT ENGAGEMENT AND WORKFORCE DEVELOPMENT. (a) The agency shall collect for reporting purposes only information provided by school districts and open-enrollment charter schools under Subsection (b) regarding local indicators of st…

Sec. 39.0534. ACCOUNTABILITY ADVISORY COMMITTEE. (a) The commissioner shall establish an accountability advisory committee to advise the commissioner and the agency regarding the adoption and modification of performance standards and indicators required under this chapter. The co…

Sec. 39.0535. PERFORMANCE INDICATORS STUDY. (a) The commissioner shall enter into a memorandum of understanding with an institution of higher education to conduct a study regarding methods to diversify the performance standards required for domains and indicators of achievement a…

Sec. 39.054. METHODS AND STANDARDS FOR EVALUATING PERFORMANCE. (a) Except as provided by Subsection (a-4), the commissioner shall adopt rules to evaluate school district and campus performance and, each school year, assign each district and campus an overall performance rating of…

Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. (a) Subject to Subsection (b), the commissioner may adopt indicators and standards under this subchapter at any time before issuing the evaluation of a school district or campus. (b) If the commissioner does not initially adopt …

Sec. 39.0542. EXPLANATORY MATERIALS FOR ACCOUNTABILITY RATING SYSTEM. (a) Not later than July 15 of each year, the commissioner shall provide each school district a document in a simple, accessible format that explains the accountability performance standards adopted under Sectio…

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…

Sec. 39.0544. LOCAL ACCOUNTABILITY SYSTEM. (a) The commissioner shall adopt rules regarding the assignment of campus performance ratings by school districts and open-enrollment charter schools. The rules: (1) must require a district or school, in assigning an overall performance …

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 …

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 th…

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-enro…

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 perf…

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 st…

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 age…

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 f…

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. Added by Acts 2001, 77th Leg., ch. 914, Sec. 1, eff. Sep…

Sec. 39.082. DEVELOPMENT AND IMPLEMENTATION. (a) The commissioner shall, in consultation with the comptroller, develop and implement separate financial accountability rating systems for school districts and open-enrollment charter schools in this state that: (1) distinguish among…

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 camp…

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 agenc…

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 acti…

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 …

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.

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…

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 accountabil…

Sec. 39.201. DISTINCTION DESIGNATIONS. (a) The commissioner shall award distinction designations for outstanding performance as provided by this subchapter concurrently with the assignment of performance ratings under Section 39.054. A distinction designation awarded to a distric…

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…

Sec. 39.202. ACADEMIC DISTINCTION DESIGNATION FOR DISTRICTS AND CAMPUSES. The commissioner by rule shall establish an academic distinction designation for districts and campuses for outstanding performance in attainment of postsecondary readiness. The commissioner shall adopt cri…

Sec. 39.203. CAMPUS DISTINCTION DESIGNATIONS. (a) The commissioner shall award a campus a distinction designation for outstanding performance in improvement in student achievement if the campus is ranked in the top 25 percent of campuses in the state in annual improvement in stud…

Sec. 39.204. CAMPUS DISTINCTION DESIGNATION CRITERIA; COMMITTEES. (a) The commissioner by rule shall establish: (1) standards for considering campuses for distinction designations under Section 39.203(c); and (2) methods for awarding distinction designations to campuses. (b) In a…

Sec. 39.232. EXCELLENCE EXEMPTIONS. (a) Except as provided by Subsection (b), a school campus or district that is rated exemplary under Subchapter G is exempt from requirements and prohibitions imposed under this code including rules adopted under this code. (b) A school campus o…

Sec. 39.235. INNOVATION GRANT INITIATIVE FOR MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL CAMPUSES. (a) From funds appropriated for that purpose, the commissioner may establish a grant program under which grants are awarded to middle, junior high, and high school campuses and school dist…

Sec. 39.236. GIFTED AND TALENTED STANDARDS. The commissioner shall adopt standards to evaluate school district programs for gifted and talented students to determine whether a district operates a program for gifted and talented students in accordance with: (1) the Texas Performan…

Sec. 39.261. CREATION OF SYSTEM. The Texas Successful Schools Awards System is created to recognize and reward those schools and school districts that demonstrate progress or success in achieving the education goals of the state. Amended by: Acts 2009, 81st Leg., R.S., Ch. 895 (H…

Sec. 39.262. TYPES OF AWARDS. (a) The governor may present a financial award to the schools or districts that the commissioner determines have demonstrated the highest levels of sustained success or the greatest improvement in achieving the education goals. For each student in av…

Sec. 39.263. AWARDS. (a) The criteria that the commissioner shall use to select successful schools and districts must be related to the goals in Section 4.002 and must include consideration of performance on the achievement indicators adopted under Section 39.053(c) and considera…

Sec. 39.264. USE OF AWARDS. (a) In determining the use of a monetary award received under this subchapter, a school or district shall give priority to academic enhancement purposes. The award may not be used for any purpose related to athletics, and it may not be used to substitu…

Sec. 39.265. FUNDING. The award system may be funded by donations, grants, or legislative appropriations. The commissioner may solicit and receive grants and donations for the purpose of making awards under this subchapter. A small portion of the award funds may be used by the co…

Sec. 39.266. CONFIDENTIALITY. All information and reports received by the commissioner under this subchapter from schools or school districts deemed confidential under Chapter 552, Government Code, are confidential and may not be disclosed in any public or private proceeding. Ame…

Sec. 39.301. ADDITIONAL PERFORMANCE INDICATORS: REPORTING. (a) In addition to the indicators adopted under Section 39.053, the commissioner shall adopt indicators of the quality of learning for the purpose of preparing reports under this chapter. The commissioner biennially shall…

Sec. 39.304. TEACHER REPORT CARD. Each school district shall provide to each teacher the information made available under Section 39.02301(l) for the current and previous school year for all students taught by the teacher who were assessed on an assessment instrument under Sectio…

Sec. 39.305. CAMPUS REPORT CARD. (a) Each school year, the agency shall prepare and distribute to each school district a report card for each campus. The campus report cards must be based on the most current data available disaggregated by student groups. Campus performance must …