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.(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.(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.
Source:
Section 39.0544 — Local Accountability System, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.39.htm#39.0544 (accessed Apr. 13, 2024).
