The agency may not start certain interventions or sanctions for specified schools while the triggering performance rating is based on a first or second D rating after a C-or-higher history, until another rating is issued.
Sec. 39A.118. INTERVENTION IF ASSIGNED CERTAIN PERFORMANCE NEEDS IMPROVEMENT RATING. (a) Until another performance rating is issued, the agency may not implement the intervention or sanctions listed under Subsection (b) for a school district, open-enrollment charter school, district campus, or charter school campus, if the performance rating initiating the action under Subsection (b) is based on the first or second overall performance rating of D, since previously receiving a rating of C or higher. (a-1) For purposes of this section, a performance rating of D assigned prior to the 2018-2019 school year shall not be considered. This subsection expires September 1, 2027. (b) The following interventions or sanctions are subject to a pause under Subsection (a): (1) revocation of a charter under Section 12.115(c); (2) annexation under Section 13.054; (3) change in accreditation status under rules adopted for accreditation under Section 39.052; and (4) interventions or sanctions under Section 39A.101(a), 39A.107(a) or (c), or 39A.111. (c) The performance rating identified under Subsection (a): (1) may not be included in calculating consecutive school years of unacceptable performance ratings; and (2) is not considered a break in consecutive school years of unacceptable performance ratings. (d) Interventions or sanctions implemented prior to a pause under Subsection (a) shall continue during a school year for which interventions or sanctions listed under Subsection (b) are paused. (e) This section does not apply to a commissioner action based on performance or reasons not listed as interventions or sanctions under Subsection (b). (f) For purposes of Subsection (a), a school district, open-enrollment charter school, district campus, or charter school campus that has never previously been assigned an overall performance rating shall be considered to have previously received an overall performance rating of C or higher. Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.19, eff. September 1, 2021. SUBCHAPTER D. ALTERNATIVE MANAGEMENT