|(a) If a school district, open-enrollment charter school,
or campus thereof does not exhibit improvement in student performance,
the commissioner of education may increase the intensity of intervention
and sanction that would otherwise be required by statute or rule,
including ordering campus closure, school district annexation, or
appointment of a board of managers for the school district or open-enrollment
(b) For purposes of this section, improvement means
an increase in the scaled score for the overall academic performance
rating under Texas Education Code (TEC), Chapter 39.
(c) The commissioner may exercise authority under this
(1) a school district, open-enrollment charter school,
or campus thereof has exceeded statutory or rule limits on consecutive
years of poor performance, excluding any transition provisions allowed
under statute or rule;
(2) circumstances suggest that the lack of improvement
requires an increased level of intervention or sanction, even if the
performance in a school year would not otherwise count toward consecutive
years of unacceptable performance that would be considered in determining
the level of intervention or sanction; or
(3) the commissioner determines that increasing the
intensity of intervention and sanction would better fulfill the purposes
of accreditation statuses and accreditation sanctions established
under §97.1053(a) of this title (relating to Purpose).
(d) The commissioner may determine that good cause
exists to maintain the current level of intervention or sanction.
Exercising authority under this section constitutes a determination
that no good cause exists to maintain the current status. The commissioner
may base the determination that no good cause exists to maintain the
current status on any information available to the commissioner and
may make the determination at any time.