Tex. Educ. Code Section 39.0544
Local Accountability System


(a)

The commissioner shall adopt rules regarding the assignment of campus performance ratings by school districts and open-enrollment charter schools. The rules:

(1)

must require a district or school, in assigning an overall performance rating for a campus, to incorporate:

(A)

domain performance ratings assigned by the commissioner under Section 39.054 (Methods and Standards for Evaluating Performance); and

(B)

performance ratings based on locally developed domains or sets of accountability measures;

(2)

may permit a district or school to assign weights to each domain or set of accountability measures described in Subdivision (1), as determined by the district or school, provided that the domains specified in Subdivision (1)(A) must in the aggregate account for at least 50 percent of the overall performance rating;

(3)

must require that each locally developed domain or set of accountability measures:

(A)

contains levels of performance that allow for differentiation, with assigned standards for achieving the differentiated levels;

(B)

provides for the assignment of a letter grade of A, B, C, D, or F; and

(C)

meets standards for reliability and validity;

(4)

must require that calculations for overall performance ratings and each locally developed domain or set of accountability measures be capable of being audited by a third party;

(5)

must require that a district or school produce a campus score card that may be displayed on the agency’s website; and

(6)

must require that a district or school develop and make available to the public an explanation of the methodology used to assign performance ratings under this section.

(b)

The commissioner shall develop a process to approve a request by a school district or open-enrollment charter school to assign campus performance ratings in accordance with this section. Under that process, a district or school must obtain approval of a local accountability plan submitted by the district or school to the agency. A plan may be approved only if:

(1)

after review, the agency determines the plan meets the minimum requirements under this section and agency rule;

(2)

at the commissioner’s discretion, an audit conducted by the agency verifies the calculations included in the plan; and

(3)

subject to Subsection (d), a review panel appointed under Subsection (c) approves the plan.

(c)

The commissioner shall appoint a review panel for purposes of Subsection (b)(3) that includes a majority of members who are superintendents or members of the board of trustees or governing body of school districts or open-enrollment charter schools with approved local accountability plans.

(d)

The requirement under Subsection (b)(3) applies only after performance ratings are issued in August 2019 and only if at least 10 school districts or open-enrollment charter schools have obtained approval of locally developed accountability plans.

(e)

A school district or open-enrollment charter school authorized under this section to assign campus performance ratings shall evaluate the performance of each campus as provided by this section and assign each campus a performance rating of A, B, C, D, or F for overall performance and for each locally developed domain or set of accountability measures. Not later than a date established by the commissioner, the district or school shall:

(1)

report the performance ratings to the agency; and

(2)

make the performance ratings available to the public as provided by commissioner rule.
Added by Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 14, eff. June 15, 2017.
Sec. 39.0545. ALTERNATIVE METHODS AND STANDARDS FOR EVALUATING PERFORMANCE FOR 2020-2021 SCHOOL YEAR. (a) This section applies to a campus:

(1)

that meets the participation requirements for all students in all subject areas for the annual measurement of achievement under Section 1111, Every Student Succeeds Act (20 U.S.C. Section 6311(c)(4)(E)); and

(2)

to which the most recent performance rating assigned, other than a “Not Rated” rating, is a D, F, or performance that needs improvement.

(b)

Notwithstanding any other law, the commissioner shall adopt rules to develop and implement alternative methods and standards for evaluating the performance for the 2020-2021 school year of a campus to which this section applies. The rules adopted under this section must evaluate a campus under the domains of indicators of achievement listed in Sections 39.053 (Performance Indicators: Achievement)(c)(1) and (2).

(c)

The commissioner shall review a campus to which this section applies under the alternative methods and standards adopted under Subsection (b) on the request of the school district in which the campus is located made by the deadline established by commissioner rule.

(d)

An acceptable performance rating assigned under the alternative methods and standards adopted by the commissioner under Subsection (b) is considered a break in consecutive school years of unacceptable performance ratings under this code.

(e)

If the commissioner determines that the campus would not be assigned an acceptable performance rating, the commissioner shall instead assign the campus a rating of “Not Rated.”

(f)

This section does not apply to an intervention ordered on the basis of consecutive school years of unacceptable performance ratings accrued before the effective date of this section.

(g)

This section expires September 1, 2027.
Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.08, eff. September 1, 2021.
Sec. 39.0546. COVID-19 RECOVERY ACCOUNTABILITY FOR 2021-2022 SCHOOL YEAR. (a) Notwithstanding any other law, the commissioner shall assign to a school district or campus a rating of “Not Rated” for the 2021-2022 school year, unless, after reviewing the district or campus under the methods and standards adopted under Section 39.054 (Methods and Standards for Evaluating Performance), the commissioner determines the district or campus should be assigned an overall performance rating of C or higher.

(b)

Regardless of the rating assigned under this section, if the commissioner would have otherwise assigned a campus an unacceptable performance rating, the campus is considered to be a campus assigned an unacceptable performance rating for purposes of determining a student’s eligibility for a public education grant under Section 29.202 (Eligibility).

(c)

Notwithstanding any other law, the commissioner shall take an action described by Section 39A.111 (Continued Unacceptable Performance Rating)(1) or (2) if a campus:

(1)

is not assigned an overall performance rating of C or higher for the 2021-2022 school year; and

(2)

has been assigned an unacceptable performance rating for five or more school years prior to the 2021-2022 school year.

(d)

This section expires September 1, 2028.
Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.08, eff. September 1, 2021.

Source: Section 39.0544 — Local Accountability System, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­39.­htm#39.­0544 (accessed Jun. 5, 2024).

39.001
Rules
39.002
Advisory Committee
39.003
Special Investigations
39.004
Conduct of Special Investigations
39.005
Hearing Following Investigation
39.006
Commissioner Determination
39.007
Judicial Appeal
39.021
Essential Skills and Knowledge
39.022
Assessment Program
39.023
Adoption and Administration of Instruments
39.024
Measure of College Readiness
39.025
Secondary-level Performance Required
39.026
Local Option
39.027
Exemption
39.028
Comparison of State Results to National Results
39.029
Migratory Children
39.030
Confidentiality
39.031
Cost
39.032
Assessment Instrument Standards
39.033
Voluntary Assessment of Private School Students
39.034
Measure of Annual Improvement in Student Achievement
39.035
Limitation on Field Testing of Assessment Instruments
39.036
Vertical Scale for Certain Assessment Instruments
39.037
International Assessment Instrument Program
39.038
Restriction on Appointments to Advisory Committees
39.039
Prohibition on Political Contribution or Activity by Certain Contractors
39.051
Accreditation Status
39.052
Determination of Accreditation Status or Performance Rating
39.053
Performance Indicators: Achievement
39.054
Methods and Standards for Evaluating Performance
39.055
Student Ordered by a Juvenile Court or Student in Residential Facility Not Considered for Accountability Purposes
39.056
Monitoring Reviews
39.059
Data Transparency
39.081
Definitions
39.082
Development and Implementation
39.083
Reporting
39.085
Rules
39.086
Software Standards
39.102
Interventions and Sanctions for Districts
39.151
Review by Commissioner: Accountability Determination
39.201
Distinction Designations
39.202
Academic Distinction Designation for Districts and Campuses
39.203
Campus Distinction Designations
39.204
Campus Distinction Designation Criteria
39.232
Excellence Exemptions
39.0232
Use of End-of-course Assessment Instrument as Placement Instrument
39.0233
Special-purpose Questions Included in End-of-course Assessment Instruments
39.0234
Electronic Administration of Assessment Instruments
39.0235
Technology Literacy Assessment Pilot Program
39.235
Innovation Grant Initiative for Middle, Junior High, and High School Campuses
39.0236
Integrated Formative Assessment Pilot Program
39.236
Gifted and Talented Standards
39.0237
Consideration of Prekindergarten Assessment Instruments Prohibited
39.0238
Consideration of Religious Holy Days in Scheduling Assessment Instruments
39.0241
Performance Standards
39.261
Creation of System
39.0261
College Preparation Assessments
39.0262
Administration of District-required Assessment Instruments in Certain Subject Areas
39.262
Types of Awards
39.263
Awards
39.0263
Administration of District-required Benchmark Assessment Instruments to Prepare Students for State-administered Assessment Instruments
39.264
Use of Awards
39.265
Funding
39.266
Confidentiality
39.301
Additional Performance Indicators: Reporting
39.0301
Security in Administration of Assessment Instruments
39.0302
Issuance of Subpoenas
39.302
Report to District: Comparisons for Annual Performance Assessment
39.0303
Secure Assessment Instruments
39.303
Report to Parents
39.0304
Training in Assessment Instrument Administration
39.304
Teacher Report Card
39.305
Campus Report Card
39.306
Performance Report
39.307
Uses of Performance Report
39.308
Annual Audit of Dropout Records
39.309
Texas School Accountability Dashboard
39.331
General Requirements
39.332
Comprehensive Biennial Report
39.333
Regional and District Level Report
39.334
Technology Report
39.361
Notice in Student Grade Report
39.362
Notice on District Website
39.363
Notice on Agency Website
39.0381
Auditing and Monitoring Performance Under Contracts for Assessment Instruments
39.408
Eligibility Criteria for Certain Grant Programs
39.0541
Adoption of Indicators and Standards
39.0542
Explanatory Materials for Accountability Rating System
39.0543
Performance Rating Requiring Intervention or Other Action
39.0544
Local Accountability System
39.0548
Evaluating Dropout Recovery Schools
39.0552
Memorandum of Understanding Between School District and State Hospital for Accountability Purposes
39.0821
Comptroller Review of Resource Allocation Practices
39.0823
Projected Deficit
39.0824
Corrective Action Plan
39.2011
Applicability to Charter Schools
39.02302
Advisory Committees for Assessment Instruments
39.02315
Reporting Results of Assessment Instruments for Out-of-state Transfer Students
39.02342
Paper Administration of Assessment Instruments on Request

Accessed:
Jun. 5, 2024

§ 39.0544’s source at texas​.gov