| (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 (relating to Results Driven Accountability) exhibit
serious or persistent deficiencies that, if not addressed, may lead
to probation or revocation of the district's accreditation; or
(ii) the district otherwise exhibits serious or persistent
deficiencies that, if not addressed, may lead to probation or revocation
of the district's accreditation.
(3) Notwithstanding paragraph (2) of this subsection,
a district shall be assigned Accredited-Warned status if the commissioner
determines this action is reasonably necessary to achieve the purposes
of TEC, §39.051 and §39.052.
(c) Determination of Accredited-Probation status.
(1) A district shall be assigned Accredited-Probation
status if the district is assigned:
(A) for three consecutive school years, an unacceptable
academic accountability rating as indicated in the applicable year's
accountability manual adopted under §97.1001 of this title;
(B) for three consecutive school years, a financial
accountability rating of Substandard Achievement as indicated in the
applicable year's financial accountability system manual adopted under §109.1001
of this title;
(C) for three consecutive school years, any one of
the ratings referenced in subparagraphs (A) and (B) of this paragraph;
or
(D) for two consecutive school years, a combination
of ratings referenced in both subparagraphs (A) and (B) of this paragraph.
(2) Notwithstanding the district's performance under
paragraph (1) of this subsection, a district shall be assigned Accredited-Probation
status if 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, if
not addressed, may lead to revocation of the district's accreditation;
or
(ii) the district otherwise exhibits serious or persistent
deficiencies that, if not addressed, may lead to revocation of the
district's accreditation.
(3) Notwithstanding paragraph (2) of this subsection,
a district shall be assigned Accredited-Probation status if the commissioner
determines this action is reasonably necessary to achieve the purposes
of TEC, §39.051 and §39.052.
(d) Determination of Not Accredited-Revoked status;
Revocation of accreditation.
(1) The accreditation of a district shall be revoked
if the district is assigned:
(A) for four consecutive school years, an unacceptable
academic accountability rating as indicated in the applicable year's
accountability manual adopted under §97.1001 of this title;
(B) for four consecutive school years, a financial
accountability rating of Substandard Achievement as indicated in the
applicable year's financial accountability system manual adopted under §109.1001
of this title;
(C) for four consecutive school years, any one of the
ratings referenced in subparagraphs (A) and (B) of this paragraph;
or
(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.
Cont'd... |
