Tex. Educ. Code Section 39.102
Interventions and Sanctions for Districts


(a)

If a school district does not satisfy the accreditation criteria under Section 39.052 (Determination of Accreditation Status or Performance Rating), the academic performance standards under Section 39.053 (Performance Indicators: Achievement) or 39.054 (Methods and Standards for Evaluating Performance), or any financial accountability standard as determined by commissioner rule, or if considered appropriate by the commissioner on the basis of a special accreditation investigation under Section 39.057, the commissioner shall take any of the following actions to the extent the commissioner determines necessary:

(1)

issue public notice of the deficiency to the board of trustees;

(2)

order a hearing conducted by the board of trustees of the district for the purpose of notifying the public of the insufficient performance, the improvements in performance expected by the agency, and the interventions and sanctions that may be imposed under this section if the performance does not improve;

(3)

order the preparation of a student achievement improvement plan that addresses each academic achievement indicator under Section 39.053 (Performance Indicators: Achievement)(c) for which the district’s performance is insufficient, the submission of the plan to the commissioner for approval, and implementation of the plan;

(4)

order a hearing to be held before the commissioner or the commissioner’s designee at which the president of the board of trustees of the district and the superintendent shall appear and explain the district’s low performance, lack of improvement, and plans for improvement;

(5)

arrange a monitoring review of the district;

(6)

appoint an agency monitor to participate in and report to the agency on the activities of the board of trustees or the superintendent;

(7)

appoint a conservator to oversee the operations of the district;

(8)

appoint a management team to direct the operations of the district in areas of insufficient performance or require the district to obtain certain services under a contract with another person;

(9)

authorize the district to enter into a memorandum of understanding with an institution of higher education that provides for the assistance of the institution of higher education in improving the district’s performance;

(10)

if a district has a current accreditation status of accredited-warned or accredited-probation, fails to satisfy any standard under Section 39.054 (Methods and Standards for Evaluating Performance)(e), or fails to satisfy financial accountability standards as determined by commissioner rule, appoint a board of managers to exercise the powers and duties of the board of trustees;

(11)

if for two consecutive school years, including the current school year, a district has received an accreditation status of accredited-warned or accredited-probation, has failed to satisfy any standard under Section 39.054 (Methods and Standards for Evaluating Performance)(e), or has failed to satisfy financial accountability standards as determined by commissioner rule, revoke the district’s accreditation and:

(A)

order closure of the district and annex the district to one or more adjoining districts under Section 13.054 (Academically Unacceptable School Districts); or

(B)

in the case of a home-rule school district or open-enrollment charter school, order closure of all programs operated under the district’s or school’s charter; or

(12)

order the use of the board improvement and evaluation tool as provided by Section 11.182 (Board Improvement and Evaluation Tool).
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 9, eff. June 19, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 17, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.002(1), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 823 (H.B. 1553), Sec. 1, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 15, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.025(b), eff. September 1, 2019.

Source: Section 39.102 — Interventions and Sanctions for Districts, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­39.­htm#39.­102 (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

§ 39.102’s source at texas​.gov