| (a) A campus under this section does not include a
campus of an open-enrollment charter school unless specifically indicated
when applying an intervention pause under Texas Education Code (TEC), §11.174.
A campus under this section includes a campus of an open-enrollment
charter school when applying an intervention pause under TEC, §28.020.
(b) A campus shall not qualify for an intervention
pause pursuant to TEC, §11.174(f), unless during the school year
prior to the operation of a partnership as provided by §97.1077(a)
of this title (relating to School Year Under Contract to Operate a
District Campus), the campus received an unacceptable performance
rating, except as provided by §97.1077(e) of this title.
(c) A campus that qualifies for an intervention pause
pursuant to TEC, §28.020(c), starting with the school year for
which the campus received an unacceptable performance rating that
followed a school year for which the campus received an acceptable
rating, will be subject to any intervention arising from the first
unacceptable performance rating and, subject to the campus remaining
eligible for the intervention pause, will be provided a one-year intervention
pause for interventions that arise from a second consecutive year
of unacceptable performance ratings.
(d) The Texas Education Agency (TEA) will not withdraw
or postpone issuing any orders or determinations required or authorized
that arise due to the performance rating from the school year prior
to the school year in which the campus qualifies for the intervention
pause, and any order or determination will resume upon expiration
of the intervention pause under subsection (e) of this section.
(e) Except as otherwise provided by this section and
unless extended by the commissioner of education, the TEA will cease
to enforce the interventions under TEC, §§39A.101-39A.111,
until conclusion of the second consecutive school year of operation
under:
(1) a partnership as defined by §97.1077(a)(2),
(b), or (c) of this title; or
(2) designation as a mathematics innovation zone under
TEC, §28.020, and applicable rules.
(f) Any intervention or sanction not covered by subsection
(e) of this section shall continue.
(g) If a campus ceases to qualify for the intervention
pause at any point during a school year, the TEA will resume previously
ordered interventions and sanctions, order interventions and sanctions
based on the rating from that school year, and count that rating for
purposes of consecutive years of performance.
(h) The TEA will not pursue interventions under TEC, §§39A.101-39A.109
and 39A.111, for a campus eligible for an intervention pause if one
of the school years eligible for an intervention pause results in
an acceptable or higher overall rating.
(i) If, after the expiration of the intervention pause,
a campus receives an unacceptable rating, the TEA will apply the requisite
interventions that apply to the consecutive year that corresponds
to the campus's actual number of consecutive years of unacceptable
performance minus the number of intervention pause years and, if applicable,
accounting for the modification under subsection (c) of this section.
(j) If a campus qualifies for an intervention pause
for a school year after the conclusion of the school year in which
an order is authorized under TEC, §39A.111, the intervention
under TEC, §39A.111, will not pause.
(k) A campus that receives an intervention pause will
still receive an accountability rating for that school year.
(l) Performance of students at a campus that receives
an intervention pause shall be considered in the accountability rating
of the school district or the open-enrollment charter school, and
the application of an intervention pause to a campus shall not pause
or alter any intervention applicable to the school district, open-enrollment
charter school, or other campuses.
(m) A determination under this section that arises
from the application of TEC, §28.020, is final and may not be
appealed.
(n) The provisions of this subsection expire on September
1, 2023. A partial school year that results in an intervention pause
under §97.1077(b) or (c) of this title constitutes one full year
of a pause.
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