Suing Districts Can Get A Conservator Ordering Them To Withdraw

The text as introduced · 7,100 words

89R14617 AMF-D

By: Buckley
H.B. No. 4

A BILL TO BE ENTITLED

AN ACT

relating to the assessment of public school students, public school

accountability and actions, and proceedings challenging the

operations of the public school system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 7.056(e), Education Code, is amended to

read as follows:

(e) Except as provided by Subsection (f), a school campus or

district may not receive an exemption or waiver under this section

from:

(1) a prohibition on conduct that constitutes a

criminal offense;

(2) a requirement imposed by federal law or rule,

including a requirement for special education or bilingual

education programs; or

(3) a requirement, restriction, or prohibition

relating to:

(A) essential knowledge or skills under Section

28.002 or high school graduation requirements under Section 28.025;

(B) public school accountability as provided by

Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;

(C) extracurricular activities under Section

33.081 [ or participation in a University Interscholastic League

area, regional, or state competition under Section 33.0812 ];

(D) health and safety under Chapter 38;

(E) purchasing under Subchapter B, Chapter 44;

(F) elementary school class size limits, except

as provided by Section 25.112;

(G) removal of a disruptive student from the

classroom under Subchapter A, Chapter 37;

(H) at-risk programs under Subchapter C, Chapter

29;

(I) prekindergarten programs under Subchapter E,

Chapter 29;

(J) educator rights and benefits under

Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter

A, Chapter 22;

(K) special education programs under Subchapter

A, Chapter 29;

(L) bilingual education programs under

Subchapter B, Chapter 29; or

(M) the requirements for the first day of

instruction under Section 25.0811.

SECTION 2. Section 7.057(d), Education Code, is amended to

read as follows:

(d) A person aggrieved by an action of the agency or

decision of the commissioner under this section may appeal to a

district court in Travis County. An appeal must be made by serving

the commissioner with citation issued and served in the manner

provided by law for civil suits. The petition must state the action

or decision from which the appeal is taken. At trial, the court

shall determine all issues of law and fact, except as provided by

Section 33.081(g).

SECTION 3. Section 11.182(b), Education Code, is amended to

read as follows:

(b) A board of trustees may determine whether to use the

evaluation tool, except as required by Section 39A.002 [ 39.102(a) ].

SECTION 4. The heading to Section 39.022, Education Code,

is amended to read as follows:

Sec. 39.022. INSTRUCTIONALLY SUPPORTIVE ASSESSMENT

PROGRAM.

SECTION 5. Section 39.022, Education Code, is amended by

amending Subsection (a) and adding Subsections (a-1) and (c) to

read as follows:

(a) The agency [ State Board of Education by rule ] shall

create and implement a balanced and streamlined statewide

assessment program for assessment instruments administered under

this subchapter [ that is knowledge- and skills-based ] to ensure

school accountability for student achievement that :

(1) is aligned with the essential knowledge and skills

adopted by the State Board of Education under Section 28.002;

(2) achieves the goals provided under Section 4.002 ;

and

(3) supports classroom instruction .

(a-1) The agency [ After adopting rules under this section,

the State Board of Education ] shall consider the importance of

maintaining stability in the statewide assessment program when

modifying the program [ adopting any subsequent modification of the

rules ].

(c) The assessment program implemented under this section

must include:

(1) assessment instruments administered under

Sections 39.023(a), (c), and (l);

(2) optional interim assessment instruments described

by Section 39.023(o); and

(3) technical assistance and guidance to school

districts and open-enrollment charter schools for implementing the

assessment program, including assistance and guidance on:

(A) implementing a comprehensive assessment

strategy that:

(i) improves student performance and

promotes mastery of the essential knowledge and skills; and

(ii) informs educators regarding

assessment requirements; and

(B) reducing the assessment burden on students

and school personnel.

SECTION 6. Subchapter B, Chapter 39, Education Code, is

amended by adding Section 39.0225 to read as follows:

Sec. 39.0225. REDESIGN OF ASSESSMENT INSTRUMENTS. (a) The

agency shall redesign the assessment instruments administered

under this subchapter to incorporate improvements identified in

reports submitted under Section 39.0236(d). To the extent

practicable, the agency shall:

(1) reduce the length of the assessment instruments;

(2) begin administration of the redesigned assessment

instruments with assessment instruments administered during the

2026 spring semester; and

(3) begin providing technical assistance and guidance

under Section 39.022(c) to school districts and open-enrollment

charter schools regarding the redesigned assessment instruments in

the 2026-2027 school year.

(b) This section expires September 1, 2028.

SECTION 7. Sections 39.023(a-11), (c), (c-3), (c-8), (e),

(g), (i), (l), and (o), Education Code, are amended to read as

follows:

(a-11) Before an assessment instrument adopted or developed

under Subsection (a) may be administered under that subsection, the

assessment instrument must, on the basis of empirical evidence, be

determined to be valid and reliable by the advisory committees

established under Section 39.02302 or an entity that is , as

determined by the commissioner, independent of the agency and of

any other entity that developed the assessment instrument.

(c) The agency shall also adopt end-of-course assessment

instruments for secondary-level courses in Algebra I, biology,

English I, English II, and United States history. The Algebra I

end-of-course assessment instrument must be administered with the

aid of technology, but may include one or more parts that prohibit

the use of technology. The English I and English II end-of-course

assessment instruments must each assess essential knowledge and

skills in both reading and writing and must provide a single score.

A school district shall comply with agency [ State Board of

Education ] rules regarding administration of the assessment

instruments listed in this subsection. If a student is in a special

education program under Subchapter A, Chapter 29, the student's

admission, review, and dismissal committee shall determine whether

any allowable modification is necessary in administering to the

student an assessment instrument required under this subsection.

The agency [ State Board of Education ] shall administer the

assessment instruments. An end-of-course assessment instrument

may be administered in multiple parts over more than one day. [ The

State Board of Education shall adopt a schedule for the

administration of end-of-course assessment instruments that

complies with the requirements of Subsection (c-3). ]

(c-3) The agency shall adopt a schedule for the

administration of assessment instruments under this section for

each school year and, to the extent practicable, provide the

schedule to each school district and open-enrollment charter school

two years before the school year to which the schedule applies. To

the extent practicable and for the purpose of mitigating local

scheduling conflicts, including University Interscholastic League

athletic competitions, the schedule adopted under this section must

establish testing windows for the administration of each assessment

instrument and allow a district or school to administer an

assessment instrument on any date selected by the district or

school that falls within the testing window for the instrument

[ Except as provided by Subsection (c-7) or (c-10) or as otherwise

provided by this subsection, in adopting a schedule for the

administration of assessment instruments under this section, the

State Board of Education shall ensure that assessment instruments

administered under Subsection (a) or (c) are not administered on

the first instructional day of a week. On request by a school

district or open-enrollment charter school, the commissioner may

allow the district or school to administer an assessment instrument

required under Subsection (a) or (c) on the first instructional day

of a week if administering the assessment instrument on another

instructional day would result in a significant administrative

burden due to specific local conditions ].

(c-8) Not [ Beginning with the 2022-2023 school year, not ]

more than 75 percent of the available points on an assessment

instrument developed under Subsection (a) or (c) may be

attributable to questions presented in a multiple choice format.

To the extent practicable, the agency shall include classroom

teachers in the process of scoring questions not presented in a

multiple choice format.

(e) Under rules adopted by the agency [ State Board of

Education ], every third year, the agency shall release the

questions and answer keys to each assessment instrument

administered under Subsection (a), (b), (c), (d), or (l), excluding

any assessment instrument administered to a student for the purpose

of retaking the assessment instrument, after the last time the

instrument is administered for that school year. To ensure a valid

bank of questions for use each year, the agency is not required to

release a question that is being field-tested and was not used to

compute the student's score on the instrument. The agency shall

also release[ , under board rule, ] each question that is no longer

being field-tested and that was not used to compute a student's

score. During the 2014-2015 and 2015-2016 school years, the agency

shall release the questions and answer keys to assessment

instruments as described by this subsection each year.

(g) The agency [ State Board of Education ] may adopt one

appropriate, nationally recognized, norm-referenced assessment

instrument in reading and mathematics to be administered to a

selected sample of students in the spring. If adopted, a

norm-referenced assessment instrument must be a secured test. The

state may pay the costs of purchasing and scoring the adopted

assessment instrument and of distributing the results of the

adopted instrument to the school districts. A district that

administers the norm-referenced test adopted under this subsection

shall report the results to the agency in a manner prescribed by the

commissioner.

(i) The provisions of this section, except Subsection (d),

are subject to modification by rules adopted under Section 39.001

[ 39.022 ]. Each assessment instrument adopted under those rules and

each assessment instrument required under Subsection (d) must be

reliable and valid and must meet any applicable federal

requirements for measurement of student progress.

(l) The agency [ State Board of Education ] shall adopt rules

for the administration of the assessment instruments adopted under

Subsection (a) in Spanish to emergent bilingual students in grades

three through five, as defined by Section 29.052, whose primary

language is Spanish, and who are not otherwise exempt from the

administration of an assessment instrument under Section

39.027(a)(1) or (2). Each emergent bilingual student whose primary

language is Spanish, other than a student to whom Subsection (b)

applies, may be assessed using assessment instruments in Spanish

under this subsection for up to three years or assessment

instruments in English under Subsection (a). The language

proficiency assessment committee established under Section 29.063

shall determine which students are administered assessment

instruments in Spanish under this subsection.

(o) The agency shall adopt or develop optional interim

assessment instruments for each subject or course for each grade

level subject to assessment under this section. A school district

or open-enrollment charter school may [ not be required to ]

administer to students enrolled at the district or school interim

assessment instruments adopted or developed under this subsection.

An interim assessment instrument:

(1) must be:

(A) when possible, predictive of the assessment

instrument for the applicable subject or course for that grade

level required under this section; and

(B) administered electronically; and

(2) may not be used for accountability purposes.

SECTION 8. Section 39.0238(b), Education Code, is amended

to read as follows:

(b) The board of trustees of a school district or the

governing body of an open-enrollment charter school may consider

the dates of religious holy days or periods of observance likely to

be observed by the students enrolled in the district or school

during the period set by the agency [ State Board of Education ] for

the administration of assessment instruments required under

Section 39.023 in establishing:

(1) the district's or school's calendar for that

school year; and

(2) the instructional days within that period on which

district or school students are administered the required

assessment instruments, provided that the board of trustees or

governing body may not exclude more than two instructional days

from that period based solely on the occurrence of a single

religious holy day or period of observance.

SECTION 9. Section 39.026, Education Code, is amended to

read as follows:

Sec. 39.026. LOCAL OPTION. In addition to the assessment

instruments adopted and administered by the agency [ and

administered by the State Board of Education ], a school district

may adopt and administer criterion-referenced or norm-referenced

assessment instruments, or both, at any grade level. A

norm-referenced assessment instrument adopted under this section

must be economical, nationally recognized, and state-approved.

SECTION 10. Section 39.027(b), Education Code, is amended

to read as follows:

(b) The agency [ State Board of Education ] shall adopt rules

under which a dyslexic student who is not exempt under Subsection

(a) may use procedures including oral examinations if appropriate

or may be allowed additional time or the materials or technology

necessary for the student to demonstrate the student's mastery of

the competencies the assessment instruments are designed to

measure.

SECTION 11. Section 39.029, Education Code, is amended to

read as follows:

Sec. 39.029. MIGRATORY CHILDREN. The agency [ State Board

of Education ] by rule may provide alternate dates for the

administration of the assessment instruments to a student who is a

migratory child as defined by 20 U.S.C. Section 6399. The alternate

dates may be chosen following a consideration of migrant work

patterns, and the dates selected may afford maximum opportunity for

the students to be present when the assessment instruments are

administered.

SECTION 12. Section 39.030(a), Education Code, is amended

to read as follows:

(a) In adopting academic skills assessment instruments

under this subchapter, the agency [ State Board of Education ] or a

school district shall ensure the security of the instruments and

tests in their preparation, administration, and grading. Meetings

or portions of meetings held by the agency [ State Board of

Education ] or a school district at which individual assessment

instruments or assessment instrument items are discussed or adopted

are not open to the public under Chapter 551, Government Code, and

the assessment instruments or assessment instrument items are

confidential.

SECTION 13. Sections 39.032(c-1) and (e), Education Code,

are amended to read as follows:

(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 agency [ State Board of

Education ].

(e) The agency [ 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.

SECTION 14. Section 39.054(b-1), Education Code, is

transferred to Section 39.052, Education Code, redesignated as

Section 39.052(b-1), Education Code, and amended to read as

follows:

(b-1) Consideration of the effectiveness of district

programs under Subsection (b)(2)(B) [ Section 39.052(b)(2)(B) ] or

(C):

(1) must:

(A) be based on data collected through the Public

Education Information Management System (PEIMS) for purposes of

accountability under this chapter; and

(B) include the results of assessments required

under Section 39.023; and

(2) may be based on the results of a special

investigation conducted under Section 39.003.

SECTION 15. Section 39.053, Education Code, is amended by

amending Subsections (a), (c), and (f) and adding Subsections

(c-4), (f-1), (f-2), (f-3), and (f-4) to read as follows:

(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 appropriate revisions and may,

if the commissioner determines an indicator otherwise required

under this subchapter is not valid or reliable, exclude the

indicator from the set of indicators adopted under this section .

(c) School districts and campuses must be evaluated based on

three domains of indicators of achievement adopted under this

section that include:

(1) in the student achievement domain, indicators of

student achievement that must include:

(A) for evaluating the performance of districts

and campuses generally:

(i) an indicator that accounts for the

results of assessment instruments required under Sections

39.023(a), (c), and (l), as applicable for the district and campus,

including the results of assessment instruments required for

graduation retaken by a student, aggregated across grade levels by

subject area, including:

(a) for the performance standard

determined by the commissioner under Section 39.0241(a), the

percentage of students who performed satisfactorily on the

assessment instruments, aggregated across grade levels by subject

area; and

(b) for the college readiness

performance standard as determined under Section 39.0241, the

percentage of students who performed satisfactorily on the

assessment instruments, aggregated across grade levels by subject

area; and

(ii) an indicator that accounts for the

results of assessment instruments required under Section

39.023(b), as applicable for the district and campus, including the

percentage of students who performed satisfactorily on the

assessment instruments, as determined by the performance standard

adopted by the agency, aggregated across grade levels by subject

area; and

(B) for evaluating the performance of high school

campuses and districts that include high school campuses,

indicators that account for:

(i) students who satisfy the Texas Success

Initiative (TSI) college readiness benchmarks prescribed by the

Texas Higher Education Coordinating Board under Section 51.334 on

an assessment instrument in reading or mathematics designated by

the coordinating board under that section;

(ii) students who satisfy relevant

performance standards on advanced placement tests or similar

assessments;

(iii) students who earn dual course credits

in the dual credit courses;

(iv) students who demonstrate military

readiness:

(a) through verified enlistment

[ enlist ] in the armed forces of the United States or the Texas

National Guard; or

(b) by achieving a passing score set

by the commissioner on the Armed Services Vocational Aptitude

Battery Test and successfully completing a Junior Reserve Officer

Training Corps program;

(v) students who earn industry

certifications;

(vi) students admitted into postsecondary

industry certification programs that require as a prerequisite for

entrance successful performance at the secondary level;

(vii) students whose successful completion

of a course or courses under Section 28.014 indicates the student's

preparation to enroll and succeed, without remediation, in an

entry-level general education course for a baccalaureate degree or

associate degree;

(viii) students who successfully met

standards on a composite of indicators that through research

indicates the student's preparation to enroll and succeed, without

remediation, in an entry-level general education course for a

baccalaureate degree or associate degree;

(ix) high school graduation rates, computed

in accordance with standards and definitions adopted in compliance

with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)

subject to the exclusions provided by Subsections (g), (g-1),

(g-2), (g-3), and (g-4);

(x) students who successfully completed an

OnRamps dual enrollment course;

(xi) students who successfully completed a

practicum or internship approved by the State Board of Education;

(xii) students who are awarded an associate

degree; and

(xiii) students who successfully completed

a program of study in career and technical education;

(2) in the school progress domain, indicators for

effectiveness in promoting student learning, which must include:

(A) for assessment instruments, including

assessment instruments under Subdivisions (1)(A)(i) and (ii), the

percentage of students who met the standard for improvement, as

determined by the commissioner; and

(B) for evaluating relative performance, the

performance of districts and campuses compared to similar districts

or campuses; and

(3) in the closing the gaps domain, the use of

disaggregated data to demonstrate the differentials among students

from different racial and ethnic groups, socioeconomic

backgrounds, and other factors, including:

(A) students formerly receiving special

education services;

(B) students continuously enrolled; and

(C) students who are mobile.

(c-4) The agency shall study the college, career, and

military readiness indicators adopted under Subsection (c) to

determine the correlation of each indicator with postsecondary

success, including the correlation of industry certifications with

wages and available jobs. The value assigned to each indicator must

be:

(1) based on the strength of the indicator's

correlation with successful outcomes; and

(2) updated in accordance with Subsection (f-1).

(f) Annually, the commissioner shall define and may modify

the state standards [ standard for the current school year ] for each

[ achievement ] indicator adopted under this subchapter in

[ section. In ] consultation with educators, parents, and business

and industry representatives, as necessary . The [ , the ]

commissioner shall increase the rigor by which the commissioner

determines the overall performance ratings under Section 39.054(a)

[ establish and modify standards ] to continuously improve student

performance to , not later than the 15th year after the date the

commissioner modifies the performance standards under Subsection

(f-1), achieve the goals of :

(1) eliminating achievement gaps based on race,

ethnicity, and socioeconomic status ; and

(2) ensuring [ to ensure ] this state ranks nationally

[ is a national leader ] in the top five states in preparing students

for postsecondary success and on the National Assessment of

Educational Progress or its successor assessment .

(f-1) Beginning with the indicators adopted for the

2027-2028 school year and as required to meet the goals under

Subsection (f), the commissioner shall increase the scores needed

to achieve performance standards on indicators adopted under this

subchapter only every fifth school year unless an indicator adopted

under Subsection (c) requires adjustment before that school year to

ensure consistency of performance standards.

(f-2) To the extent practicable, for each of the two school

years preceding a school year the commissioner increases a score

under Subsection (f-1), the commissioner shall report, in a manner

that can be reviewed by school administrators, the overall

performance of school districts and campuses under that increased

score.

(f-3) In reporting the performance of school districts and

campuses on indicators adopted under this subchapter for a school

year in which the score needed to achieve performance standards on

one or more of those indicators was increased under Subsection

(f-1), the commissioner shall include in the report an

informational report on the performance of districts and campuses

during the preceding school year under the increased score.

(f-4) Notwithstanding Subsection (f), the commissioner may

define state standards for an indicator adopted under this

subchapter for multiple school years provided that the commissioner

annually affirms that those standards are applicable to the current

school year. The commissioner is not required to adopt the

affirmation described by this subsection by rule.

SECTION 16. Subchapter C, Chapter 39, Education Code, is

amended by adding Section 39.0531 to read as follows:

Sec. 39.0531. INDUSTRY CERTIFICATION LIST. (a) The agency

shall maintain a list of industry certifications that are eligible

for purposes of Section 39.053(c)(1)(B)(v). In developing the

list, the agency shall consider the inventory of

industry-recognized certifications developed under Section

312.003, Labor Code. The certifications must:

(1) be aligned to a program of study that, according to

labor market data, prepares students for high-wage, high-skill,

in-demand occupations;

(2) allow students to demonstrate mastery of the

skills required for occupations within an approved program of

study; and

(3) be obtained through an assessment of the knowledge

and skills provided by or determined by an independent, third-party

certifying entity using predetermined standards for knowledge,

skills, and competencies.

(b) The agency shall review the eligibility of industry

certifications under Subsection (a), including whether the

programs of study for those certifications still meet the

requirements under that subsection:

(1) in consultation with the advisory council

established under Chapter 312, Labor Code; and

(2) to the extent practicable, concurrently with the

modification of performance standards under Section 39.053(f-1).

(c) If, after reviewing an industry certification under

Subsection (b), the agency determines the certification is no

longer eligible for purposes of Section 39.053(c)(1)(B)(v) and

should be removed from the list maintained under Subsection (a),

the agency shall, to the extent practicable, post on the agency's

Internet website information regarding the removal of the

certification not later than two years before the date the agency

intends to remove the certification from the list.

(d) During the three years following an agency's

determination under Subsection (c) that an industry certification

is no longer eligible for purposes of Section 39.053(c)(1)(B)(v), a

school district may receive the benefit of achievement indicators

based on that industry certification for purposes of Section

39.053(c) only for a cohort of students who:

(1) were participating in the program of study aligned

with that certification during the school year the agency

determines the certification is no longer eligible; and

(2) earn the certification within the three-year

period.

SECTION 17. Section 39.054, Education Code, is amended by

amending Subsections (a), (a-3), (a-4), (a-5), and (b) and adding

Subsections (a-6), (c), and (d) to read as follows:

(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 A, B, C, D, or F. In

addition to the overall performance rating, each school year, the

commissioner shall assign each district and campus a separate

domain performance rating of A, B, C, D, or F for each domain under

Section 39.053(c). An overall or domain performance rating of A

reflects exemplary performance. An overall or domain performance

rating of B reflects recognized performance. An overall or domain

performance rating of C reflects acceptable performance. An

overall or domain performance rating of D reflects performance that

needs improvement. An overall or domain performance rating of F

reflects unacceptable performance. A district may not receive an

overall or domain performance rating of A if the district includes

any campus with a corresponding overall or domain performance

rating of D or F. If a school district has been approved under

Section 39.0544 to assign campus performance ratings and the

commissioner has not assigned a campus an overall performance

rating of D or F, the commissioner shall assign the campus an

overall performance rating based on the school district assigned

performance rating under Section 39.0544.

(a-3) Except as provided by Subsection (c), not [ Not ] later

than August 15 of each year, the following information shall be made

publicly available as provided by rules adopted under this

section:

(1) the performance ratings for each school district

and campus; and

(2) if applicable, the number of consecutive school

years of unacceptable performance ratings for each district and

campus.

(a-4) Notwithstanding any other law and except as provided

by Subsection (a-6) , the commissioner may assign a school district

or campus an overall performance rating of "Not Rated" if the

commissioner determines that the assignment of a performance rating

of A, B, C, D, or F would be inappropriate because:

(1) the district or campus is located in an area that

is subject to a declaration of a state of disaster under Chapter

418, Government Code, and due to the disaster, performance

indicators for the district or campus are difficult to measure or

evaluate and would not accurately reflect quality of learning and

achievement for the district or campus;

(2) the district or campus has experienced breaches or

other failures in data integrity to the extent that accurate

analysis of data regarding performance indicators is not possible;

(3) the number of students enrolled in the district or

campus is insufficient to accurately evaluate the performance of

the district or campus; or

(4) for other reasons outside the control of the

district or campus, the performance indicators would not accurately

reflect quality of learning and achievement for the district or

campus.

(a-5) Notwithstanding any other law, an overall performance

rating of "Not Rated" is not included in calculating consecutive

school years of unacceptable performance ratings and is not

considered a break in consecutive school years of unacceptable

performance ratings for purposes of any provision of this code. Any

interventions or sanctions to which a school district or campus is

subject under Chapter 39A shall continue during a period in which

the district or campus is assigned an overall performance rating of

"Not Rated."

(a-6) The commissioner may not assign an overall

performance rating of "Not Rated" to all school districts or all

campuses on a statewide basis.

(b) For purposes of assigning school districts and campuses

an overall and a domain performance rating under Subsection (a),

the commissioner shall , to the extent practicable, ensure that the

method used to evaluate performance is implemented in a manner that

provides the mathematical possibility that all districts and

campuses receive an A rating.

(c) The commissioner shall make the information under

Subsection (a-3) available as soon as reasonably possible in years

in which the standards are modified or recalibrated or in which a

new assessment instrument is offered.

(d) Failure to assign a performance rating to a school

district or campus before the deadline provided by Subsection (a-3)

does not invalidate the performance rating assigned to the district

or campus or any resulting intervention or sanction imposed on the

district or campus.

SECTION 18. Section 39.0541, Education Code, is amended to

read as follows:

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 issuing the

evaluation of a school district or campus.

SECTION 19. Section 39.0542, Education Code, is amended by

amending Subsection (a) and adding Subsection (d) to read as

follows:

(a) The [ 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.

(d) Failure to provide the document described by Subsection

(a) does not prevent the assignment of performance ratings under

Section 39.054 and may not be the basis of a challenge to a

performance rating assigned under that section.

SECTION 20. Section 39.151(e), Education Code, is amended

to read as follows:

(e) A school district or open-enrollment charter school may

not challenge on any basis, including a lack of commissioner or

agency authority, 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 unless

[ if ] the district or school has exhausted the district's or school's

remedies [ had an opportunity to challenge the decision ] under this

section.

SECTION 21. Section 39.201(a), Education Code, is amended

to read as follows:

(a) The [ Not later than August 8 of each year, 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 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 [ 39.054(a) ].

SECTION 22. Subchapter H, Chapter 39, Education Code, is

amended by adding Section 39.231 to read as follows:

Sec. 39.231. LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) From

money appropriated or otherwise available for the purpose, the

agency shall establish a grant program with capacity to assist at

least one school district per education service center region in

developing a local accountability system that complies with the

requirements of Section 39.0544.

(b) The commissioner shall adopt rules to implement this

section.

SECTION 23. Section 39A.001, Education Code, is amended to

read as follows:

Sec. 39A.001. GROUNDS FOR COMMISSIONER ACTION. The

commissioner shall take any of the actions authorized by this

subchapter to the extent the commissioner determines necessary if:

(1) a school district does not satisfy:

(A) the accreditation criteria under Section

39.052;

(B) the academic performance standards under

Section 39.053 or 39.054; or

(C) any financial accountability standard as

determined by commissioner rule; [ or ]

(2) the commissioner considers the action to be

appropriate on the basis of a special investigation under Section

39.003 ; or

(3) a school district initiates or maintains an action

or proceeding against the state or an agency or officer of the

state .

SECTION 24. Subchapter A, Chapter 39A, Education Code, is

amended by adding Section 39A.008 to read as follows:

Sec. 39A.008. INTERVENTION RELATED TO SCHOOL DISTRICT OR

OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE.

(a) This section applies to a school district or open-enrollment

charter school subject to commissioner action under Section

39A.001(3).

(b) The commissioner shall appoint a conservator to a school

district or open-enrollment charter school to which this section

applies.

(c) The conservator appointed under Subsection (b) shall

require the school district or open-enrollment charter school to

demonstrate, by a deadline established by the conservator, that the

district or school is in compliance with Sections 45.105(c-1) and

45.1051. If the conservator determines that the district or school

is not in compliance with those sections, the conservator shall

order the district or school to, as applicable:

(1) withdraw from the action or proceeding; or

(2) take the necessary actions to come into compliance

with Section 45.1051.

(d) If a school district or open-enrollment charter school

fails to comply with an order by the conservator by the deadline

established by the conservator, the commissioner may:

(1) for a school district, appoint a board of managers

to oversee the operations of the district; or

(2) for an open-enrollment charter school, order

reconstitution of the school's governing board.

(e) An action taken or decision made by the commissioner or

a conservator under this section is final and not subject to appeal

under Section 7.057, Chapter 39, or this chapter.

SECTION 25. Subchapter Z, Chapter 39A, Education Code, is

amended by adding Section 39A.908 to read as follows:

Sec. 39A.908. INTERVENTIONS AND SANCTIONS WHILE ASSIGNMENT

OF PERFORMANCE RATINGS ENJOINED. (a) Notwithstanding any other

law, during a period in which the agency is enjoined from assigning

performance ratings to a school district, open-enrollment charter

school, or district or school campus, any previously imposed

interventions or sanctions to which the district, school, or campus

is subject shall continue throughout that period.

(b) As soon as practicable after the dissolution of an

injunction described by Subsection (a), the agency shall:

(1) assign performance ratings for each school year

and to each school district, open-enrollment charter school, and

district or school campus for which the agency was enjoined from

assigning performance ratings; and

(2) as applicable, impose any appropriate

interventions or sanctions authorized under this chapter based on

the ratings assigned under Subdivision (1).

(c) Notwithstanding any other law, if the agency is

permanently enjoined from assigning performance ratings to a school

district, open-enrollment charter school, or district or school

campus for a school year, the agency shall consider the district,

school, or campus to have received a "Not Rated" rating for that

school year for purposes of:

(1) calculating consecutive years of performance; and

(2) determining whether to impose an intervention or

sanction authorized under this chapter.

(d) To ensure the expeditious implementation of

interventions or sanctions under this chapter, the agency may

modify or waive a deadline or time frame required by law or agency

rule applicable to the assignment of performance ratings for a

school year for which the agency was enjoined from assigning

performance ratings.

(e) Except as provided by Subsection (f), the agency shall

impose an intervention or sanction described by Subsection (b)(2)

or (c)(2) as required by law unless the intervention or sanction, as

determined by the commissioner:

(1) has been superseded by a subsequent intervention

or sanction; or

(2) may be removed based on the subsequent performance

of a school district, open-enrollment charter school, or district

or school campus.

(f) The commissioner shall impose an intervention described

by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a

school district, open-enrollment charter school, or district or

school campus if the district, school, or campus would have been

subject to commissioner action under the applicable section based

on the performance rating of the district, school, or campus for a

school year for which the agency was enjoined from assigning

performance ratings, regardless of the performance of the district,

school, or campus in a subsequent school year.

(g) The commissioner shall revoke a charter holder's

charter for an open-enrollment charter school for which the charter

holder received a charter renewal based on the absence of a

performance rating for a school year for which the agency was

enjoined from assigning a performance rating if, after the

assignment of performance ratings for that year, the charter would

not have been renewed under Section 12.1141(d), regardless of the

performance of the school in a subsequent school year.

SECTION 26. Section 45.105(c-1), Education Code, is amended

to read as follows:

(c-1) Notwithstanding any other law, federal, state, or

local funding, including funding under Chapters 46, 48, and 49,

[ Funds described by Subsection (c) ] may not be used to initiate or

maintain any action or proceeding against the state or an agency or

officer of the state , including an action or proceeding that

includes a claim of ultra vires conduct [ arising out of a decision,

order, or determination that is final and unappealable under a

provision of this code ], except that funds may be used for an action

or proceeding that is specifically authorized by a provision of

this code or by Section 2001.038, Government Code [ a rule adopted

under this code and that results in a final and unappealable

decision, order, or determination ].

SECTION 27. Subchapter E, Chapter 45, Education Code, is

amended by adding Section 45.1051 to read as follows:

Sec. 45.1051. LIMITATION ON ATTORNEY PAYMENTS FOR CERTAIN

ACTIONS. (a) If a school district or open-enrollment charter

school brings an action against the agency, the State Board of

Education, or the State Board for Educator Certification or an

agent or officer of those entities that alleges ultra vires conduct

by the entity or an agent or officer of the entity, the district or

school must deposit all payments relating to the action made to the

district's or school's attorney in an escrow account. The district

or school may use money deposited in the escrow account to pay the

district's or school's attorney only:

(1) after:

(A) a final judgment is rendered; and

(B) all appeals are fully resolved; and

(2) if the district or school prevails in the action.

(b) A school district or open-enrollment charter school

shall provide money deposited in an escrow account under this

section that may not be paid to the district's or school's attorney

under Subsection (a) after the rendering of a final judgment and the

resolution of all appeals to the state for deposit in the foundation

school fund.

(c) This section may not be interpreted to authorize an

action not otherwise authorized by law.

SECTION 28. Section 22A.001(a), Government Code, is amended

to read as follows:

(a) The attorney general may petition the chief justice of

the supreme court to convene a special three-judge district court

in any suit filed in a district court in this state in which this

state or a state officer or agency is a defendant in a claim that:

(1) challenges the finances or operations of this

state's public school system , including challenges to the

implementation of the public school accountability system under

Chapter 39, Education Code ; or

(2) involves the apportionment of districts for the

house of representatives, the senate, the State Board of Education,

or the United States Congress, or state judicial districts.

SECTION 29. The heading to Section 312.003, Labor Code, is

amended to read as follows:

Sec. 312.003. INVENTORY OF CERTIFICATIONS [ CREDENTIALS AND

CERTIFICATES ].

SECTION 30. Sections 312.003(a), (b), (c), and (d), Labor

Code, are amended to read as follows:

(a) The advisory council shall develop an inventory of

industry-recognized certifications [ credentials and certificates ]

that may be earned by a public high school student through a career

and technology education program and that:

(1) are aligned to state and regional workforce needs;

[ and ]

(2) serve as an entry point to middle- and high-wage

jobs ; and

(3) meet the requirements of Section 39.0531(a),

Education Code .

(b) The inventory must include for each certification

[ credential or certificate ]:

(1) the associated career cluster;

(2) the awarding entity;

(3) the level of education required and any additional

requirements for the certification [ credential or certificate ];

(4) any fees for obtaining the certification

[ credential or certificate ]; and

(5) the average wage or salary for jobs that require or

prefer the certification [ credential or certificate ].

(c) In developing the inventory, the advisory council may

consult with local workforce boards, the Texas Workforce Investment

Council, the Texas Economic Development and Tourism Office, the

Texas Education Agency, and the Texas Higher Education Coordinating

Board.

(d) The advisory council shall establish a process for

developing the inventory, including the criteria for the inclusion

of a certification [ credential or certificate ] in the inventory.

SECTION 31. (a) Section 15, Chapter 925 (S.B. 1566), Acts

of the 85th Legislature, Regular Session, 2017, which amended

Section 39.102(a), Education Code, is repealed.

(b) The following provisions of the Education Code are

repealed:

(1) Section 33.0812; and

(2) Sections 39.023(a-4), (c-7), and (c-10).

SECTION 32. A rule of the State Board of Education under

Sections 39.022, 39.029, and 39.032(e), Education Code, that is in

effect on the effective date of this Act remains in effect until

changed by the commissioner of education in accordance with those

sections as amended by this Act.

SECTION 33. The changes in law made by Sections

39.023(a-11), 39.053(a), 39.054, 39.0541, and 39.0542, Education

Code, as amended by this Act, apply to an action or determination

related to public school accountability and accountability ratings

beginning with the 2022-2023 school year, regardless of whether the

action or determination occurred before, on, or after the effective

date of this Act.

SECTION 34. The changes in law made by Section 39.053,

Education Code, as amended by this Act, and Section 39.0531,

Education Code, as added by this Act, apply to accountability

ratings beginning with the 2027-2028 school year.

SECTION 35. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.