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| State |
Status/Date |
Level |
Summary |
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 TX | Adopted 07/2010 | P-12 | Makes various changes to state accountability provisions. Language below primarily from July 23, 2010 Texas Register.
97.1051: Amends definitions. Changes the definition of "campus closure" to remove references to "repurposing," which is now defined in statute.
97.1053: Purpose, updates statutory references in alignment with 2009 H.B. 3.
97.1055: Clarifies the process for assigning accreditation statuses during the period of transition to new H.B. 3 requirements. Adds new language regarding when an accreditation status may be raised or lowered based on the performance of the district or one or more campuses in the district. Also states how the statutory requirements related to a financial solvency review and projected deficit affect accreditation statuses. In addition, the adopted amendment incorporates current agency procedures for completing the asset-to-liability calculation for the purposes of charter financial accountability. Language is added, providing an additional method for districts to meet the notification requirements related to a lowered accreditation status.
97.1057: Accreditation Sanctions. Updates statutory references and adds information regarding the factors the commissioner must consider in determining whether to impose a particular sanction based on resource allocation practices.
97.1059: Standards for All Accreditation Sanction Determinations. Updates statutory references and adds language to reflect statutory requirements regarding the commissioner's obligation to review the performance of a district. Specifically, the commissioner must review at least annually the performance of a district for which the accreditation status has been lowered due to insufficient student performance. The adopted amendment also requires the commissioner to increase sanctions if a lack of improvement is shown unless there is good cause not to do so.
97.1061: Interventions and Sanctions for Campuses. Adds language to align with new statutory requirements related to campuses that satisfy current performance standards under TEC, §39.054(e), but that would not satisfy performance standards if the standards to be used for the following school year were applied to the current school year. Also adds language to align with new statutory requirements for intervening with and sanctioning campuses with performance below any standard under TEC, §39.054(e), including requirements relating to a hearing and a school community partnership team (SCPT). Adds new statutory language that allows the commissioner to accept certain interventions that a campus has implemented under federal accountability requirements in lieu of required state measures if the intervention measures are substantially similar.
97.1063: Campus Intervention Team; Reconstitution. Implements the provisions of HB 3 related to campuses below any standard under TEC, §39.054(e), and the assignment of a campus intervention team (CIT) to those campuses. Defines the duties and responsibilities of the CIT, including responsibilities to conduct a targeted on-site needs assessment relevant to the areas of insufficient performance or, if the commissioner determines necessary, a comprehensive on-site needs assessment. Also outlines requirements related to the development and submission of a school improvement plan (SIP) by a campus and establishes timelines for how long the CIT will be assigned to a campus. Outlines requirements related to the involvement of the board of trustees of a school district in conducting a hearing to notify the public of the insufficient performance of one or more campuses within the district, the improvements expected by the agency for the campus(es), and the intervention measures or sanctions that may be imposed under the subchapter if performance does not improve. Also details requirements related to public posting of the SIP and, as appropriate, modification of the SIP in response to public comment. Further notes that the commissioner may authorize a SIP or updated SIP developed under 19 TAC Chapter 97, Subchapter EE, to supersede the provisions of and satisfy the requirements of developing, reviewing, and revising a campus improvement plan under TEC, Chapter 11, Subchapter F. Also specifies actions that the commissioner may take if the commissioner determines that a campus for which an intervention is ordered is not fully implementing the CIT's recommendations or the SIP or updated SIP.
References and requirements related to the School Leadership Pilot Program are stricken from 19 TAC §97.1063 in alignment with changes in HB 3. Language is added to this section to clarify that, if assigned by the commissioner, a SCPT may supersede the authority of and satisfy the requirements of establishing and maintaining a campus-level planning and decision-making committee under TEC, Chapter 11, Subchapter F. The section title is also changed.
97.1064: Reconstitution, updates and relocates reconstitution requirements that previously were reflected in 19 TAC §97.1063. Continues to state the timelines under which a campus will be ordered to undergo reconstitution and describes the role of the CIT in updating and seeking approval of the SIP. Continues to include language regarding the authority of the CIT to determine which educators may be retained at a reconstituted campus but revises language in accordance with HB 3 to describe circumstances surrounding a CIT's determination related to the retention of the principal at a campus that is undergoing reconstitution. Continues to describe the authority of the commissioner to assign a monitor, conservator, management team, or board of managers to ensure and oversee district and campus-level activities related to required intervention and sanction activities and outlines factors the commissioner must take into consideration when appointing individuals to serve in these roles. References the authority of the commissioner to impose on a district or campus certain other sanctions that are reasonably required and addresses the role of the district in successful campus reconstitution.
97.1065: Campus Closure or Alternative Management. Changes the section title. Implements the provisions of HB 3 related to circumstances under which the commissioner may, or is required to, order certain sanctions for campuses with insufficient performance over multiple years. Specifically, revises the timeline under which the commissioner is required to order a sanction for certain campuses and adds repurposing, in addition to campus closure and alternative management, as one of the sanctions that must be ordered by the commissioner. Also establishes that repurposing, alternative management, or campus closure may be ordered for a multi-year unacceptable campus if students fail to demonstrate substantial improvement in the areas targeted by an updated SIP. Furthermore, establishes that re-purposing, alternative management, or campus closure will be ordered if a campus has been identified as unacceptable for the third, as opposed to second, consecutive year after reconstitution is required to be implemented, thus adding an additional year to the mandatory intervention timeline previously established in statute. Additionally, provides for a one-year waiver of these required sanctions if the commissioner determines that, based on significant improvement over the preceding two school years, the campus is likely to be acceptable in the following year. Also establishes the requirements that must be met before the commissioner can approve a plan for campus repurposing and includes parameters that may be considered by the commissioner when determining whether to order repurposing, alternative management, or campus closure when one of these sanctions is required. Also outlines requirements and procedures for the district to appeal the commissioner's order of repurposing, alternative management, or campus closure and outlines other sanction actions that the commissioner may impose to achieve the purposes outlined in TEC, Chapter 39, and 19 TAC Chapter 97, Subchapter EE.
97.1067: Updates statutory references in alignment with HB 3.
97.1069: Providers of Alternative Campus Management. Updates requirements to align with HB 3 by allowing the commissioner to solicit proposals from qualified for-profit entities to assume alternative management of a campus if a non-profit entity has not responded to the commissioner's request for qualifications.
97.1071: Special Program Performance; Intervention Stages. Updates statutory references in alignment with HB 3.
97.1073: Appointment of Monitor, Conservator, or Board of Managers. Updates statutory references to provide clarity and align with HB 3.
Sections 97.1051 and 97.1055 adopted as published in the July 23, 2010 Texas Register (pp 24-28 of 34): http://www.sos.state.tx.us/texreg/pdf/backview/0723/0723adop.pdf
The amendments to §§97.1053, 97.1057, 97.1059, 97.1063, 97.1065, 97.1067, 97.1069, 97.1071, and 97.1073; the repeal of §97.1061; and new §97.1061 and §97.1064 are adopted as published in the April 23, 2010 Texas Register (pp 18-32 of 98): http://www.sos.state.tx.us/texreg/pdf/backview/0423/0423prop.pdf
Title: 19 TAC 97.1051, 1053, 1055, 1057, 1059, 1061, 1063, 1064, 1065, 1067, 1069, 1071, 1073
Source: www.sos.state.tx.us
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