(a)General provisions.
(1)Each year, the commissioner of education shall
assign to each school district an accreditation status under Texas
Education Code (TEC), §39.052(b) and (c). Each district shall
be assigned a status defined as follows.
(A)Accredited. Accredited means the Texas Education
Agency (TEA) recognizes the district as a public school of this state
that:
(i)meets the standards determined by the commissioner
under TEC, §39.052(b) and (c), and specified in §97.1059
of this title (relating to Standards for All Accreditation Sanction
Determinations); and
(ii)is not currently assigned an accreditation status
of Accredited-Warned or Accredited-Probation.
(B)Accredited-Warned. Accredited-Warned means the
district exhibits deficiencies in performance, as specified in subsection
(b) of this section, that, if not addressed, will lead to probation
or revocation of its accreditation status.
(C)Accredited-Probation. Accredited-Probation means
the district exhibits deficiencies in performance, as specified in
subsection (c) of this section, that must be addressed to avoid revocation
of its accreditation status.
(D)Not Accredited-Revoked. Not Accredited-Revoked
means the TEA does not recognize the district as a Texas public school
because the district's performance has failed to meet standards adopted
by the commissioner under TEC, §39.052(b) and (c), and specified
in subsection (d) of this section.
(2)The commissioner shall assign the accreditation
status, as defined by this section, based on the performance of each
school district. This section shall be construed and applied to achieve
the purposes of TEC, §39.051 and §39.052, which are specified
in §97.1053(a) of this title (relating to Purpose).
(3)The commissioner shall revoke the accreditation
status of a district that fails to meet the standards specified in
this section. In the event of revocation, the purposes of the TEC,
§39.051 and §39.052, are to:
(A)inform the parents of students enrolled in the
district, property owners in the district, general public, and policymakers
that the TEA does not recognize the district as a Texas public school
because the district's performance has failed to meet standards adopted
by the commissioner under TEC, §39.052(b) and (c), and specified
in subsection (d) of this section; and
(B)encourage other districts to improve their performance
so as to retain their accreditation.
(4)Unless revised as a result of investigative activities
by the commissioner as authorized under TEC, Chapter 39 or 39A, or
other law, an accreditation status remains in effect until replaced
by an accreditation status assigned for the next school year. An accreditation
status shall be revised within the school year when circumstances
require such revision in order to achieve the purposes specified in
§97.1053(a) of this title.
(5)An accreditation status will be withheld pending
completion of any appeal or review of an academic accountability rating,
a financial accountability rating, or other determination by the commissioner,
but only if such appeal or review is:
(A)specifically authorized by commissioner rule;
(B)timely requested under and in compliance with such
rule; and
(C)applicable to the accreditation status under review.
(6)An accreditation status may be withheld pending
completion of on-site or other investigative activities in order to
achieve the purposes specified in §97.1053(a) of this title.
(7)The commissioner may withhold the assignment of
an accreditation status to an open-enrollment charter school that
is subject to TEC, §12.115(c) or §12.1141(d), or has otherwise
surrendered its charter.
(8)An accreditation status may be raised or lowered
based on the district's performance or may be lowered based on the
performance of one or more campuses in the district that is below
a standard required under this chapter or other applicable law.
(9)For purposes of determining multiple years of academically
unacceptable or insufficient performance, the academic accountability
ratings issued for the 2010-2011 school year and for the 2012-2013
school year are consecutive. An accreditation status assigned for
the 2012-2013 school year shall be based on assigned academic accountability
ratings for the applicable prior school years, as determined under
subsections (b)-(d) of this section.
(10)If a lowered accreditation status is assigned
and a sanction is imposed, the subsequent issuance of a new accreditation
status does not affect the commissioner's authority to proceed with
the previously imposed sanction.
(11)Accreditation statuses are consecutive if they
are not separated by an accreditation period in which the TEA assigned
accreditation statuses to districts and charter schools generally.
For example, if TEA does not assign accreditation statuses to districts
and charter schools generally for the 2012-2013 school year, then
the accreditation statuses issued for the 2011-2012 school year and
for the 2013-2014 school year are consecutive.
(b)Determination of Accredited-Warned status.
(1)A district shall be assigned Accredited-Warned
status if the district is assigned:
(A)for two consecutive school years, an unacceptable
academic accountability rating as indicated in the applicable year's
accountability manual adopted under §97.1001 of this title (relating
to Accountability Rating System);
(B)for two 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 (relating to Financial Accountability Ratings);
(C)for two consecutive school years, any one of the
ratings referenced in subparagraphs (A) and (B) of this paragraph;
or
(D)for one school year, 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-Warned
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 (relating to Public Education Information
Management System (PEIMS) Data and Reporting Standards);
(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, §39.056
or §39.057, the commissioner finds:
(i)the district's programs monitored under §97.1005
of this title (relating to Performance-Based Monitoring Analysis System)
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, §39.056
or §39.057, 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 accreditation 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, §39.056
or §39.057, 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.
Cont'd...
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