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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements regarding public school accountability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 39, Education Code, is amended by adding |
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Subchapter A to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 39.001. NOTICE AND REPORTS TO PARENTS PROVIDED |
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ELECTRONICALLY. (a) A school district or open-enrollment charter |
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school may provide any notice or report to a parent of a student |
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required under this chapter by e-mail if the parent provides an |
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e-mail address and requests information to be delivered |
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electronically. |
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(b) The district or charter school may provide a form to a |
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parent when the student is registered that allows the parent to |
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provide an e-mail address and signify that the parent chooses to |
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receive notices electronically. |
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SECTION 2. Section 39.023, Education Code, is amended by |
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amending Subsections (a), (c), and (c-3) and adding Subsections |
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(a-2), (c-7), and (c-8) to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, writing, mathematics, |
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social studies, and science. Except as provided by Subsection |
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(a-2), all [All] students, other than [except] students assessed |
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under Subsection (b) or (l) or exempted under Section 39.027, shall |
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be assessed in: |
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(1) mathematics, annually in grades three through |
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seven without the aid of technology and in grade eight with the aid |
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of technology on any assessment instrument that includes algebra; |
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(2) reading, annually in grades three through eight; |
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(3) writing, including spelling and grammar, in grades |
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four and seven; |
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(4) social studies, in grade eight; |
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(5) science, in grades five and eight; and |
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(6) any other subject and grade required by federal |
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law. |
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(a-2) A student in grade eight who is enrolled in a |
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secondary-level course and administered the end-of-course |
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assessment instrument for that course as required by Subsection (c) |
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is not required to be assessed in the same content area as required |
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by Subsection (a). This subsection is subject to approval by the |
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secretary of the United States Department of Education for |
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compliance with the requirements of the No Child Left Behind Act of |
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2001 (20 U.S.C. Section 6301 et seq.). |
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(c) The agency shall also adopt end-of-course assessment |
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instruments for secondary-level courses in Algebra I, Algebra II, |
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geometry, biology, chemistry, physics, English I, English II, |
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English III, world geography, world history, and United States |
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history. The Algebra I, Algebra II, and geometry end-of-course |
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assessment instruments must be administered with the aid of |
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technology. A school district shall comply with State Board of |
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Education rules regarding administration of the assessment |
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instruments listed in this subsection [and shall adopt a policy
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that requires a student's performance on an end-of-course
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assessment instrument for a course listed in this subsection in
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which the student is enrolled to account for 15 percent of the
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student's final grade for the course.
If a student retakes an
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end-of-course assessment instrument for a course listed in this
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subsection, as provided by Section 39.025, a school district is not
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required to use the student's performance on the subsequent
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administration or administrations of the assessment instrument to
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determine the student's final grade for the course]. If a student |
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is in a special education program under Subchapter A, Chapter 29, |
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the student's admission, review, and dismissal committee shall |
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determine whether any allowable modification is necessary in |
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administering to the student an assessment instrument required |
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under this subsection. The State Board of Education shall |
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administer the assessment instruments. The State Board of |
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Education shall adopt a schedule for the administration of |
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end-of-course assessment instruments that complies with the |
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requirements of Subsection (c-3). |
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(c-3) In adopting a schedule for the administration of |
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assessment instruments under this section, the State Board of |
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Education shall: |
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(1) require: |
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(A) [(1)] assessment instruments administered |
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under Subsection (a) to be administered on a schedule so that the |
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first assessment instrument is administered at least two weeks |
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later than the date on which the first assessment instrument was |
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administered under Subsection (a) during the 2006-2007 school year; |
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and |
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(B) [(2)] the spring administration of |
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end-of-course assessment instruments under Subsection (c) to occur |
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in each school district not earlier than the first full week in May, |
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except that the spring administration of the end-of-course |
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assessment instruments in English I, English II, and English III |
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must be permitted to occur at an earlier date; and |
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(2) coordinate with the College Board to ensure that |
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end-of-course assessment instruments under Subsection (c) are not |
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administered on the same date as any advanced placement test |
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administered by the College Board. |
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(c-7) The agency shall conduct a study to evaluate the |
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methods of and determine the costs associated with administering |
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end-of-course assessment instruments to students who complete |
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courses on a schedule different from the regular school year, |
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including self-paced courses, courses for credit recovery, or |
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compressed virtual courses. The agency must include in the study an |
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evaluation of the administration of end-of-course assessment |
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instruments through the use of computer technology and an Internet |
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website. Not later than January 1, 2013, the agency shall submit to |
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the governor, the lieutenant governor, the speaker of the house of |
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representatives, and the presiding officer of each legislative |
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standing committee with primary jurisdiction over primary and |
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secondary education a written report that contains recommendations |
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on methods of administering end-of-course assessment instruments |
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to students who complete courses on a nontraditional schedule and |
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the costs associated with those methods. This subsection expires |
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September 1, 2013. |
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(c-8) The agency shall conduct a study to evaluate the |
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impact on student performance and determine the cost savings |
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associated with reducing the number of end-of-course assessment |
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instruments required for graduation to one in each of the four |
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content areas of English, mathematics, science, and social studies. |
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Not later than January 1, 2013, the agency shall submit to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, and the presiding officer of each legislative |
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standing committee with primary jurisdiction over primary and |
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secondary education a written report that contains recommendations |
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on reducing the number of end-of-course assessment instruments |
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required for graduation and the impact on student performance and |
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the cost savings associated with the reduction. This subsection |
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expires September 1, 2013. |
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SECTION 3. Section 39.0234(a), Education Code, is amended |
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to read as follows: |
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(a) The agency shall ensure that assessment instruments |
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required under Section 39.023 are capable of being administered by |
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computer. The commissioner may not require a school district or |
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open-enrollment charter school to administer an assessment |
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instrument, including an assessment instrument administered under |
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Section 39.023(l), by computer. |
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SECTION 4. Section 39.025, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-4) to read as |
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follows: |
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(a) The commissioner shall adopt rules requiring a student |
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participating in the recommended or advanced high school program to |
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be administered each end-of-course assessment instrument listed in |
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Section 39.023(c) and requiring a student participating in the |
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minimum high school program to be administered an end-of-course |
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assessment instrument listed in Section 39.023(c) [only] for each |
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[a] course as determined by commissioner rule [in which the student
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is enrolled and for which an end-of-course assessment instrument is
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administered]. A student is required to achieve, in each subject in |
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the foundation curriculum under Section 28.002(a)(1), a cumulative |
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score that is at least equal to the product of the number of |
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end-of-course assessment instruments administered to the student |
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in that subject and a scale score that indicates satisfactory |
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performance, as determined by the commissioner under Section |
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39.0241(a). A student must achieve a minimum score as determined by |
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the commissioner to be within a reasonable range of the scale score |
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under Section 39.0241(a) on an end-of-course assessment instrument |
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for the score to count towards the student's cumulative score. For |
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purposes of this subsection, a student's cumulative score is |
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determined using the student's highest score on each end-of-course |
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assessment instrument administered to the student. A student may |
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not receive a high school diploma until the student has performed |
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satisfactorily on the end-of-course assessment instruments in the |
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manner provided under this subsection. This subsection does not |
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require a student to demonstrate readiness to enroll in an |
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institution of higher education. |
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(a-4) The commissioner shall adopt rules to establish |
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uniform requirements for students participating in the minimum high |
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school program to be administered appropriate end-of-course |
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assessment instruments listed in Section 39.023(c). The rules must |
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provide for the uniform requirements for administration of |
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end-of-course assessment instruments adopted under this subsection |
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to apply to students participating in the minimum high school |
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program and entering the ninth grade beginning with the 2012-2013 |
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school year. |
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SECTION 5. Subchapter C, Chapter 39, Education Code, is |
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amended by adding Section 39.0541 to read as follows: |
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Sec. 39.0541. PRELIMINARY NOTICE OF PERFORMANCE RATING. |
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The commissioner shall adopt rules to provide for sending, as soon |
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as practicable, a preliminary notice to: |
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(1) each school district regarding the district's |
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accreditation status under Section 39.052 and performance rating |
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under Section 39.054; and |
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(2) each campus regarding the campus's performance |
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rating under Section 39.054. |
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SECTION 6. Section 39.109, Education Code, is amended to |
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read as follows: |
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Sec. 39.109. ACQUISITION OF PROFESSIONAL SERVICES. (a) If |
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a district or campus is required under this chapter to acquire |
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professional services, including a monitor, conservator, |
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management team, campus intervention team, technical assistance |
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team, or other professional services described by Subsection (b), |
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the commissioner or the district, as appropriate, shall make a |
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reasonable effort to acquire those services from available, |
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qualified professionals employed by the district. |
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(b) In addition to other interventions and sanctions |
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authorized under this subchapter, the commissioner may order a |
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school district or campus to acquire professional services at the |
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expense of the district or campus to address the applicable |
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financial, assessment, data quality, program, performance, or |
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governance deficiency. The commissioner's order may require the |
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district or campus to: |
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(1) select or be assigned an external auditor, data |
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quality expert, professional authorized to monitor district |
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assessment instrument administration, or curriculum or program |
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expert; or |
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(2) provide for or participate in the appropriate |
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training of district staff or board of trustees members in the case |
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of a district, or campus staff, in the case of a campus. |
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SECTION 7. Not later than January 1, 2012, the commissioner |
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shall adopt rules to establish uniform requirements for students |
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participating in the minimum high school program to be administered |
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appropriate end-of-course assessment instruments as provided by |
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Section 39.025(a-4), as added by this Act. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |