| (D) for three consecutive school years, a combination
of ratings referenced in both subparagraphs (A) and (B) of this paragraph.
(2) Notwithstanding paragraph (1) of this subsection,
the commissioner may abate the assignment of a Not Accredited-Revoked
status, issue another accreditation status, or elect to appoint a
board of managers to govern the district in lieu of revoking the district's
accreditation if the commissioner determines that revocation of the
district's accreditation is not reasonably necessary to achieve the
purposes of TEC, §39.051 and §39.052.
(3) Notwithstanding this section, if the commissioner
appoints a board of managers under paragraph (2) of this subsection
or as a result of a special investigation, the commissioner shall
assign the district accreditation statuses during the period of the
appointment of the board of managers as follows.
(A) In the school year following the appointment of
the board of managers, the commissioner shall assign the district
an accreditation status of Accredited.
(B) In the school years following the issuance of the
accreditation rating under subparagraph (A) of this paragraph, the
commissioner shall assign the accreditation status as provided by
subsections (a)-(d) of this section. However, the commissioner shall
not consider any academic rating that was issued for a school year
in which the district was operated, in whole or in part, by the suspended
board of trustees. The commissioner shall also not consider any financial
accountability rating that was issued based on financial data from
a fiscal year in which the district was operated, in whole or in part,
by the suspended board of trustees. Notwithstanding this provision,
the commissioner may consider academic or financial ratings attributable
to performance that occurred in a school year in which the district
was operated, in whole or in part, by the suspended board of trustees
if the commissioner, in his sole discretion, determines such consideration
is necessary to achieve the purposes of TEC, §39.051 and §39.052.
(C) For any district subject to this paragraph, the
commissioner may lower the district's accreditation rating to Not
Accredited-Revoked at any time if the commissioner determines that
the district is not making acceptable progress to correct its academic
or financial performance and that closure and annexation is necessary
to achieve the purposes of TEC, §39.051 and §39.052, unless
the district has earned an Accredited status absent the application
of subparagraph (A) or (B) of this paragraph.
(D) For purposes of this subsection, the period of
appointment of the board of managers includes any school year in which
any member of the board of managers serves, including the school year
during which the appointment of the board of managers expires.
(4) A district shall have its accreditation revoked
if, notwithstanding its performance under paragraph (1) of this subsection,
the commissioner determines this action is reasonably necessary to
achieve the purposes of TEC, §39.051 and §39.052. Such action
is generally required by the following circumstances:
(A) to an extent established under subsection (e) of
this section, the district has failed to comply with requirements
related to:
(i) the integrity of assessment or financial data used
to measure performance under TEC, Chapter 39, 39A, or 48, and rules
implementing those chapters;
(ii) the reporting of data under TEC, §48.008,
and §61.1025 of this title;
(iii) other reports required by state or federal law
or court order;
(iv) awarding high school graduation under TEC, §28.025;
or
(v) any applicable requirement under TEC, §7.056(e)(3)(C)-(I);
or
(B) after review and/or investigation under TEC, §39.003
or §39.056, the commissioner finds:
(i) the district's programs monitored under §97.1005
of this title exhibit serious or persistent deficiencies that require
revocation of the district's accreditation; or
(ii) the district otherwise exhibits serious or persistent
deficiencies that require revocation of the district's accreditation.
(5) Notwithstanding paragraph (3) of this subsection,
a district's accreditation shall be revoked if the commissioner determines
this action is reasonably necessary to achieve the purposes of TEC, §39.051
and §39.052.
(6) The commissioner's decision to revoke a district's
accreditation may be reviewed under Chapter 157, Subchapter EE, of
this title (relating to Informal Review, Formal Review, and Review
by State Office of Administrative Hearings). If, after review, the
decision is sustained, the commissioner shall appoint a management
team or board of managers to bring to closure the district's operation
of the public school.
(7) Issuance of an accreditation status of Not Accredited-Revoked
does not invalidate a diploma awarded, course credit earned, or grade
promotion granted by a school district before the effective date of
the annexation of the district.
(e) Legal compliance. In addition to the district's
performance as measured by ratings under §97.1001 and §109.1001
of this title, the accreditation status of a district is determined
by its compliance with the statutes and rules specified in TEC, §39.052(b)(2).
Notwithstanding satisfactory or above satisfactory performance on
other measures, a district's accreditation status may be assigned
based on its legal compliance alone, to the extent the commissioner
determines necessary. In making this determination, the commissioner:
(1) shall assign the accreditation status that is reasonably
calculated to accomplish the applicable provisions specified in §97.1053(a)
of this title;
(2) may impose, but is not required to impose, an accreditation
sanction under this subchapter in addition to assigning a status under
paragraph (1) of this subsection; and
(3) shall lower the status assigned and/or impose additional
accreditation sanctions as necessary to achieve compliance with the
statutes and rules specified in TEC, §39.052(b)(2).
(f) Required notification of Accredited-Warned, Accredited-Probation,
or Not Accredited-Revoked status.
(1) A district assigned an accreditation status of
Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked
shall notify the parents of students enrolled in the district and
property owners in the district as specified by this subsection.
(2) The district's notice must contain information
about the accreditation status, the implications of such status, and
the steps the district is taking to address the areas of deficiency
identified by the commissioner. The district's notice shall use the
format and language determined by the commissioner.
(3) Notice under this subsection must:
(A) not later than 30 calendar days after the accreditation
status is assigned, appear on the home page of the district's website,
with a link to the notification required by paragraph (2) of this
subsection, and remain until the district is assigned the Accredited
status; and
(B) appear in a newspaper of general circulation, as
defined in §97.1051 of this title (relating to Definitions),
in the district for three consecutive days as follows:
(i) from Sunday through Tuesday of the second week
following assignment of the status; or
(ii) if the newspaper is not published from Sunday
through Tuesday, then for three consecutive issues of the newspaper
beginning the second week following assignment of the status; or
(C) not later than 30 calendar days after the status
is assigned, be sent by first class mail addressed individually to
each parent of a student enrolled in the district and each property
owner in the district; or
(D) not later than 30 calendar days after the status
is assigned, be presented as a discussion item in a public meeting
of the board of trustees conducted at a time and location that allows
parents of students enrolled in the district and property owners in
the district to attend and provide public comment.
(4) A district required to act under this subsection
shall send the following to the TEA via certified mail, return receipt
requested:
(A) the universal resource locator (URL) for the link
required by paragraph (3)(A) of this subsection; and
(B) copies of the notice required by paragraph (3)(B)
of this subsection showing dates of publication, or a paid invoice
showing the notice content and its dates of publication; or
(C) copies of the notice required by paragraph (3)(C)
of this subsection and copies of all mailing lists and postage receipts;
or
(D) copies of the notice required by paragraph (3)(D)
of this subsection and copies of the board of trustees meeting notice
and minutes for the board meeting in which the notice was presented
and publicly discussed.
|
| Source Note: The provisions of this §97.1055 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective November 23, 2008, 33 TexReg 9462; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective November 17, 2016, 41 TexReg 9012; amended to be effective October 18, 2018, 43 TexReg 6833; amended to be effective February 16, 2020, 45 TexReg 1020; amended to be effective February 24, 2021, 46 TexReg 1243; amended to be effective January 11, 2022, 47 TexReg 26 |
