AIC(LEGAL) - POLICY TITLE

Interventions and Sanctions for School Districts

Grounds for Commissioner Action

  1. A district does not satisfy:
    1. The accreditation criteria under Education Code 39.052 [see AIA];
    2. The academic performance standards under Education Code 39.053 or 39.054 [see AIA]; or
    3. Any financial accountability standard as determined by commissioner rule [see CFA]; or
  2. The commissioner considers the action to be appropriate on the basis of a special accreditation investigation under Education Code 39.057.

Authorized Commissioner Actions

  1. Issue public notice of the deficiency to the board;
  2. Order a hearing to be conducted by the board to notify the public of:
    1. The insufficient performance;
    2. The improvements in performance expected by the Texas Education Agency (TEA); and
    3. The interventions and sanctions that may be imposed if the performance does not improve;
  3. Order the preparation of a student achievement improvement plan that addresses each academic achievement indicator under Education Code 39.053(c) for which the district's performance is insufficient, the submission of the plan to the commissioner for approval, and the 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 and the district's 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 a TEA monitor to participate in and report to TEA on the activities of the board or superintendent;
  7. Appoint a conservator to oversee the operations of the district; or
  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.

Regardless of whether the commissioner lowers a district's status or rating, the commissioner may take action under Education Code Chapters 39 and 39A or 19 Administrative Code 97.1057 if the commissioner determines that the action is necessary to improve any area of performance by the district or campus.

Subject to 19 Administrative Code 97.1057(h)–(k), once the commissioner takes action under 19 Administrative Code Subchapter EE (regarding accreditation status, standards, and sanctions), the commissioner may impose on the district or campus any other sanction under Education Code Chapter 39 or 39A, or Subchapter EE, singly or in combination, to the extent the commissioner determines is reasonably required to achieve the purposes specified in 19 Administrative Code 97.1053.

19 TAC 97.1057(c), (e)

In making a determination to impose district and campus accreditation sanctions under 19 Administrative Code Chapter 97, Subchapter EE, the commissioner shall meet the requirements of 19 Administrative Code 97.1059. 19 TAC 97.1059

Conservator or Management Team

  1. Direct an action to be taken by the principal of a campus, the superintendent of the district, or the board; and
  2. Approve or disapprove any action of the principal of a campus, the superintendent of the district, or the board.
  1. Take any action concerning a district election, including ordering or canceling an election or altering the date of or the polling places for an election;
  2. Change the number of or method of selecting the board;
  3. Set a tax rate for the district; and
  4. Adopt a budget for the district that provides for spending a different amount, exclusive of required debt service, from that previously adopted by the board.

Regardless of whether a district has satisfied the accreditation criteria, if for two consecutive school years, including the current school year, a district has had a conservator or management team assigned, the commissioner may appoint a board of managers, a majority of whom must be residents of the district, to exercise the powers and duties of the board of trustees. For purposes of this subsection, a school year begins on the first day of instruction and includes any portion of the school year. 19 TAC 97.1057(d); Education Code 39A.006(b)

Board of Managers

  1. Has a current accreditation status of accredited-warned or accredited-probation;
  2. Fails to satisfy any standard under Education Code 39.054(e); or
  3. Fails to satisfy financial accountability standards as determined by commissioner rule.

Revocation of Accreditation

  1. Received an accreditation status of accredited-warned or accredited-probation;
  2. Failed to satisfy any standard under Education Code 39.054(e); or
  3. Failed to satisfy financial accountability standards as determined by commissioner rule.
  1. Order closure of the district and annex the district to one or more adjoining districts under Education Code 13.054; or
  2. In the case of a home-rule school district, order closure of all programs operated under the district's charter.

Intervention to Improve High School Completion Rate

  1. Ordering the development of a dropout prevention plan for approval by the commissioner;
  2. Restructuring the district or appropriate campuses to improve identification of and service to students who are at risk of dropping out of school, as defined by Education Code 29.081;
  3. Ordering lower student-to-counselor ratios on campuses with high dropout rates; and
  4. Ordering the use of any other intervention strategy effective in reducing dropout rates, including mentor programs and flexible class scheduling.

Campus Intervention Team and Targeted Improvement Plan

Actions Based on Campus Performance

  1. Take actions, to the extent the commissioner determines necessary, as provided by Education Code, Chapter 39A; and
  2. Assign a campus intervention team.
  1. Order a hearing to be held before the commissioner or the commissioner's designee at which the president of the board, the superintendent, and the campus principal shall appear and explain the campus's low performance, lack of improvement, and plans for improvement; or
  2. Establish a school community partnership team composed of members of the campus-level planning and decision-making committee and additional community representatives as determined appropriate by the commissioner.

Texas Accountability Intervention System

Campus Intervention Team

A campus intervention team must include a professional service provider (PSP) and a district coordinator of school improvement (DCSI). The DCSI must submit qualifications to TEA for approval. 19 TAC 97.1063

On-Site Needs Assessment

  1. Conduct, with the involvement and advice of the school community partnership team, if applicable:
    1. If the commissioner determines necessary, a comprehensive on-site needs assessment; or
    2. A targeted on-site needs assessment relevant to an area of insufficient performance of the campus; and
  2. Recommend appropriate actions as provided by Education Code 39A.054.
Recommendations
  1. Reallocation of resources;
  2. Technical assistance;
  3. Changes in school procedures or operations;
  4. Staff development for instructional and administrative staff;
  5. Intervention for individual administrators or teachers;
  6. Waivers from state statutes or rules;
  7. Teacher recruitment or retention strategies and incentives provided by the district to attract and retain appropriately certified and experienced teachers; or
  8. Other actions the campus intervention team considers appropriate.

Targeted Improvement Plan

  1. Assist the campus in developing a targeted improvement plan;
  2. Conduct a public meeting at the campus with the campus principal, the members of the campus-level planning and decision-making committee, parents of students attending the campus, and community members residing in the district to review the campus performance rating and solicit input for the development of the targeted improvement plan [see Notice of Public Meeting, below];
  3. Assist the campus in submitting the targeted improvement plan to the board for approval and presenting the plan in a public hearing [see Public Hearing, below]; and
  4. Assist the commissioner in monitoring the progress of the campus in executing the targeted improvement plan.
Notice of Public Meeting

Public Hearing

  1. Notify the public of:
    1. The insufficient performance of the campus;
    2. The improvements in performance expected by TEA; and
    3. The intervention measures or sanctions that may be imposed under Education Code, Chapter 39A if the performance does not improve within a designated period; and
  2. Solicit public comment on the targeted improvement plan or updated targeted improvement plan.

Submission to Commissioner

Executing Plan

  1. Assist the campus in implementing research-based practices for curriculum development and classroom instruction, including bilingual education and special education programs, and financial management;
  2. Provide research-based technical assistance, including data analysis, academic deficiency identification, intervention implementation, and budget analysis, to strengthen and improve the instructional programs at the campus; and
  3. Require the district to develop a teacher recruitment and retention plan to address the qualifications and retention of the teachers at the campus.

Continuing Duties of the Campus Intervention Team

  1. Continue to work with the campus until the campus satisfies all the performance standards under Education Code 39.054(e) for a two-year period or the campus satisfies all performance standards for a one-year period and the commissioner determines that the campus is operating and will continue to operate in a manner that improves student achievement;
  2. Assist in updating the targeted improvement plan to identify and analyze areas of growth and areas that require improvement; and
  3. Submit each updated targeted improvement plan to the board.

Education Code 39A.060

Needs Improvement Rating

  1. The commissioner shall order the district or campus to develop and implement a targeted improvement plan approved by the board; and
  2. The interventions and sanctions provided by Education Code, Chapter 39A based on failure to satisfy performance standards under Education Code 39.054(e) apply to the district or campus only as provided below.
  1. An overall or domain performance rating of F; or
  2. An overall performance rating of D as provided below.

Education Code 39.101 [Acts of the 85th Legislative Session, House Bill 22, amended former Education Code, Chapter 39, Subchapter E, by adding Section 39.101]

Campus Planning and Site-Based Decision-Making

Submission of Campus Improvement Plan

Compliance Through Federal Accountability

Campus Turnaround Plan

Updated Targeted Improvement Plan

  1. Developing an updated targeted improvement plan, including a campus turnaround plan to be implemented by the campus;
  2. Submitting the updated targeted improvement plan to the board for approval and presenting the plan in a public hearing as provided by Education Code 39A.057;
  3. Obtaining approval of the updated plan from the commissioner; and
  4. Executing the updated plan on approval by the commissioner.

Education Code 39A.101

Public Notice

Within 60 days of receiving a campus's preliminary accountability rating, the district must notify parents, community members, and stakeholders that the campus received an unacceptable rating for two consecutive years and request assistance in developing the campus turnaround plan in accordance with 19 Administrative Code 97.1064.

Upon approval of the board, the district must submit the campus turnaround plan electronically to TEA by March 1 unless otherwise specified. A campus may implement, modify, or withdraw its campus turnaround plan with board approval if the campus receives an academically acceptable rating for the school year following the development of the campus turnaround plan.

19 TAC 97.1064(d), (g)–(h); Education Code 39A.103–.104

Required Contents

  1. Details on the method for restructuring, reforming, or reconstituting the campus;
  2. A detailed description of the academic programs to be offered at the campus, including:
    1. Instructional methods;
    2. Length of school day and school year;
    3. Academic credit and promotion criteria; and
    4. Programs to serve special student populations;
  3. If a district charter is to be granted for the campus under Education Code 12.0522:
    1. The term of the charter; and
    2. Information on the implementation of the charter;
  4. Written comments from:
    1. The campus-level committee established under Education Code 11.251, if applicable;
    2. Parents; and
    3. Teachers at the campus;
  5. A detailed description of the budget, staffing, and financial resources required to implement the plan, including any supplemental resources to be provided by the district or other identified sources; and
  6. A detailed description for developing and supporting the oversight of academic achievement and student performance by the board of trustees under Education Code 11.1515.

Implementing Entities

Education Code 39A.102, .108

Effective Date

Commissioner Approval or Rejection

  1. Appointment of a board of managers to govern the district;
  2. Alternative management of the campus; or
  3. Closure of the campus.

Implementation

Assistance and Partnerships

  1. Request that a regional education service center provide assistance in the development and implementation of a campus turnaround plan; or
  2. Partner with an institution of higher education to develop and implement a campus turnaround plan.

Change in Campus Performance Rating

  1. Implement the campus turnaround plan;
  2. Implement a modified version of the campus turnaround plan; or
  3. Withdraw the campus turnaround plan.

Continued Unacceptable Performance Rating

  1. Appointment of a board of managers to govern the district; or
  2. Closure of the campus.

Parent Petition for Action

Repurposing of Closed Campus

  1. Finds that the repurposed campus:
    1. Offers a distinctly different academic program; and
    2. Serves a majority of grade levels not served at the original campus; and
  2. Approves a new campus identification number for the repurposed campus.

Targeted Technical Assistance

Alternative Management

Solicitation of Proposals

  1. Is not the district in which the campus is located; and
  2. Is located within the boundaries of the same regional education service center as the campus.

Qualifications of Managing Entity

  1. Documented success in whole school interventions that increased the educational and performance levels of students in campuses considered to have an unacceptable performance rating;
  2. A proven record of effectiveness with programs assisting low-performing students;
  3. A proven ability to apply research-based school intervention strategies;
  4. A proven record of financial ability to perform under the management contract; and
  5. Any other experience or qualifications the commissioner determines necessary.
  1. Meets any of the commissioner's qualifications; and
  2. Has documented success in educating students from similar demographic groups and with similar educational needs as the students who attend the campus to be operated by the managing entity.

Contract with Managing Entity

  1. A provision describing the district's responsibilities in supporting the operation of the campus; and
  2. Provisions approved by the commissioner requiring the managing entity to demonstrate improvement in campus performance, including negotiated performance measures.

Extension of Management Contract

Evaluation of Managing Entity

  1. Terminate the contract, with the commissioner's consent, for nonperformance or breach of contract; and
  2. Select another provider from an approved list provided by the commissioner.
  1. Terminate the contract; and
  2. Select another provider from an approved list provided by the commissioner or resume operation of the campus if approved by the commissioner.

Cancellation of Management Contract

Return of Management to District

Applicability of Accountability Provisions

Funding

Open Meetings and Public Information

  1. A managing entity is considered to be a governmental body for purposes of the Texas Open Meetings Act and Public Information Act; and
  2. Any requirement in the Texas Open Meetings Act or Public Information Act that applies to a school district or the board of trustees of a district applies to a managing entity.

Board of Managers

General Powers and Duties

Board of Managers of District

  1. The powers of the board are suspended for the period of the appointment; and
  2. The commissioner shall appoint a district superintendent.

Board of Managers of Campus

  1. The powers of the board of trustees of the school district in relation to the campus are suspended for the period of the appointment; and
  2. The commissioner shall appoint a campus principal.

Composition of Board of Managers

Training of Board of Managers

Compensation

Replacement of Member of Board of Managers

Expiration of Appointment

Education Code 39A.208; 19 TAC 97.1073

Removal of Board of Managers

Challenge of Intervention or Sanction

Review of Sanctions by State Office of Administrative Hearings

  1. The State Office of Administrative Hearings (SOAH) shall conduct an expedited review of a challenge;
  2. The administrative law judge shall issue a final order not later than the 30th day after the date on which the hearing is finally closed;
  3. The decision of the administrative law judge is final and may not be appealed; and
  4. The decision of the administrative law judge may set an effective date for an action under this section.

Annual Review

Increasing Intensity

19 TAC 97.1070(a)–(b)

Special Accreditation Investigations

  1. When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined;
  2. When excessive numbers of allowable exemptions from the required state assessment are determined;
  3. In response to complaints to TEA of alleged violations of civil rights or other requirements imposed on the state by federal law or court order;
  4. In response to established compliance reviews of the district's financial accounting practices and state and federal reporting requirements;
  5. When extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Education Code 37.006 and 37.007, are determined;
  6. In response to an allegation involving a conflict between members of the board or between the board and the district administration if it appears that the conflict involves a violation of a role or duty of the board members or the administration clearly defined by the Education Code. If TEA's findings indicate the board has observed a lawfully adopted policy, TEA may not substitute its judgment for that of the board;
  7. When excessive numbers of students in special education programs are assessed through modified assessment instruments;
  8. In response to an allegation regarding, or an analysis using a statistical method result indicating, a possible violation of an assessment instrument security procedure;
  9. When a significant pattern of decreased academic performance has developed as a result of the promotion in the preceding two school years of students who did not perform satisfactorily on the state assessments;
  10. When excessive numbers of students eligible to enroll fail to complete an Algebra II course or any other advanced course as determined by the commissioner;
  11. When resource allocation practices indicate a potential for significant improvement in resource allocation;
  12. When a disproportionate number of students of a particular demographic group is graduating with a particular endorsement;
  13. When an excessive number of students is graduating with a particular endorsement;
  14. When a school district for any reason fails to produce, at the request of TEA, evidence or an investigation report relating to an educator who is under investigation by the State Board for Educator Certification;
  15. In response to a complaint with respect to alleged inaccurate data that is reported through PEIMS or through other reports required by state or federal law or rule or court order and that is used by TEA to make a determination relating to public school accountability, including accreditation, under Education Code Chapter 39;
  16. In response to repeated complaints concerning imposition of excessive paperwork requirements on classroom teachers; or
  17. As the commissioner otherwise determines necessary.

Commissioner Action

  1. Take appropriate action under Education Code Chapter 39A, [see Interventions and Sanctions for School Districts, above];
  2. Lower the district's accreditation status or a district's or campus's performance rating; or
  3. Take action under both items 1 and 2 above.

Miscellaneous Provisions

Acquisition of Professional Services

  1. Select or be assigned an external auditor, data quality expert, professional authorized to monitor district assessment instrument administration, or curriculum or program expert; or
  2. Provide for or participate in the appropriate training of district staff or board members in the case of a district, or campus staff, in the case of a campus.

Costs Paid by District

  1. Pay the costs using amounts withheld from any funds to which the district is otherwise entitled; or
  2. Recover the amount of the costs in the manner provided for recovery of an over allocation of state funds under Education Code 42.258.

Monitoring Reviews and On-Site Investigations

  1. Compliance with federal law and regulations;
  2. Financial accountability, including compliance with grant requirements; and
  3. Data integrity for purposes of:
    1. The Public Education Information Management System (PEIMS); and
    2. Accountability under Education Code Chapter 39.

Immunity from Civil Liability

Campus Name Change Prohibited

Transitional Interventions and Sanctions

Education Code 39A.906

Special Program Performance: Intervention Stages

Intervention Pause

  1. A partnership as defined by 19 Administrative Code 97.1077(a)(2), (b), or (c) of this title [see ELA]; or
  2. Designation as a mathematics innovation zone under Education Code 28.020 and applicable rules.

Note: The following provisions apply to a district with a central administrative office that is located in a county with a population of more than two million and that has a student enrollment that is more than 125,000 and less than 200,000, and that is operating under a turnaround plan.

Student Board Member

River Road ISD

AIC(LEGAL)-P

UPDATE 113

DATE ISSUED: 5/19/2019