Tex. Educ. Code Section 39.082
Development and Implementation


(a)

The commissioner shall, in consultation with the comptroller, develop and implement separate financial accountability rating systems for school districts and open-enrollment charter schools in this state that:

(1)

distinguish among school districts and distinguish among open-enrollment charter schools, as applicable, based on levels of financial performance;

(2)

include procedures to:

(A)

provide additional transparency to public education finance; and

(B)

enable the commissioner and school district and open-enrollment charter school administrators to provide meaningful financial oversight and improvement; and

(3)

include processes for anticipating the future financial solvency of each school district and open-enrollment charter school, including analysis of district and school revenues and expenditures for preceding school years.

(b)

The system must include uniform indicators adopted by commissioner rule by which to measure the financial management performance and future financial solvency of a district or open-enrollment charter school. In adopting indicators under this subsection, the commissioner shall assign a point value to each indicator to be used in a scoring matrix developed by the commissioner. Any reference to a teacher in an indicator adopted by the commissioner under this subsection means a classroom teacher.

(c)

The system may not include an indicator under Subsection (b) or any other performance measure that:

(1)

requires a school district to spend at least 65 percent or any other specified percentage of district operating funds for instructional purposes; or

(2)

lowers the financial management performance rating of a school district for failure to spend at least 65 percent or any other specified percentage of district operating funds for instructional purposes.

(c-1)

The system may not include an indicator under Subsection (b) or any other performance measure that penalizes a school district for failure to collect the amount of taxes equal to the total amount of tax refunds provided under Section 26.1115 (Calculation of Taxes on Residence Homestead Generally)(c), Tax Code.

(d)

The commissioner shall evaluate indicators adopted under Subsection (b) at least once every three years.

(e)

Under the financial accountability rating system developed under this section, each school district or open-enrollment charter school, as applicable, shall be assigned a financial accountability rating. In adopting rules under this section, the commissioner, in consultation with the comptroller, shall determine the criteria for each designated performance rating.

(e-1)

The financial performance of a charter school operated by a public institution of higher education under Subchapter D or E, Chapter 12 (Charters), shall be evaluated using only the indicators adopted under this section determined by the commissioner by rule as appropriate to accurately measure the financial performance of such charter schools.

(f)

A district or open-enrollment charter school shall receive the lowest rating under the system if the district or school fails to achieve a satisfactory rating on:

(1)

an indicator adopted under Subsection (b) relating to financial management or solvency that the commissioner determines to be critical; or

(2)

a category of indicators that suggest trends leading to financial distress as determined by the commissioner.

(g)

Before assigning a final rating under the system, the commissioner shall assign each district or open-enrollment charter school a preliminary rating. A district or school may submit additional information to the commissioner relating to any indicator on which performance was considered unsatisfactory. The commissioner shall consider any additional information submitted by a district or school before assigning a final rating. If the commissioner determines that the additional information negates the concern raised by the indicator on which performance was considered unsatisfactory, the commissioner may not penalize the district or school on the basis of the indicator.

(h)

The commissioner shall adopt rules for the implementation of this section.

(i)

Not later than August 8 of each year, the financial accountability rating of each school district and open-enrollment charter school under the financial accountability rating system developed under this section shall be made publicly available as provided by rules adopted under this section.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 49(a), eff. June 10, 2013.
Acts 2017, 85th Leg., R.S., Ch. 756 (S.B. 1837), Sec. 1, eff. June 12, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 12 (S.B. 8), Sec. 5, eff. January 1, 2022.

Source: Section 39.082 — Development and Implementation, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­39.­htm#39.­082 (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

§ 39.082’s source at texas​.gov