This section tells the commissioner how to count prior unacceptable performance ratings, applies certain intervention exemptions, limits how the section is read, and sets the section to expire on September 1, 2027.
For expiration of this section, see Subsection (f). Sec. 39A.117. INTERVENTION FOR CERTAIN DISTRICTS OR CAMPUSES. (a) For purposes of this section: (1) an acceptable performance rating includes: (A) a rating of met standard, academically acceptable, recognized, exemplary, A, B, or C; or (B) a rating of D that meets the requirements of Section 39.0543(b); (2) an unacceptable performance rating includes: (A) a rating of performance that needs improvement, academically unacceptable, or F; or (B) a rating of D that meets the requirements of Section 39.0543(c); and (3) a rating of "Not Rated" is not considered an acceptable or unacceptable performance rating and may not be considered a break in consecutive years of unacceptable performance. (b) As soon as practicable after the effective date of S.B. 1365, 87th Legislature, Regular Session, 2021, or similar legislation, the commissioner shall: (1) determine the number of school years of unacceptable performance ratings occurring after the 2012-2013 school year for each school district, open-enrollment charter school, district campus, or charter school campus by determining the number of unacceptable performance ratings assigned to each district, charter school, district campus, or charter school campus since the most recent acceptable performance rating was assigned to the district, charter school, district campus, or charter school campus; and (2) use the number of school years of unacceptable performance ratings as the base number of consecutive years of unacceptable performance for which the performance rating in the 2021-2022 school year will be added. (c) Exemptions from interventions authorized under Sections 11.174 and 28.020 and Section 5, Chapter 919 (H.B. 4205), Acts of the 86th Legislature, Regular Session, 2019, apply to an intervention ordered under this section and the commissioner shall make necessary modifications to an intervention ordered under this section in accordance with those provisions of law. (d) This section may not be construed to: (1) provide a school district or open-enrollment charter school additional remedies or appellate or other review for previous interventions, sanctions, or performance ratings ordered or assigned; or (2) prohibit the commissioner from taking any action or ordering any intervention or sanction otherwise authorized by law. (e) To the extent of a conflict with any other transition provision affecting this section, this transition provision prevails. (f) This section expires September 1, 2027. Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.19, eff. September 1, 2021.