TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER BB. COMMISSIONER'S RULES ON REPORTING REQUIREMENTS

19 TAC §61.1023

The Texas Education Agency (TEA) proposes the repeal of §61.1023, concerning community and student engagement. The proposed repeal is necessary because the statutory authority for the rule was repealed.

House Bill (HB) 5, 83rd Texas Legislature, 2013, added the Texas Education Code (TEC), §39.0545, establishing community and student engagement indicators and requiring districts to report to TEA self-assigned district and campus ratings in eight specific categories. The commissioner adopted 19 TAC §61.1023 effective June 26, 2014, to provide instructions for the required reporting.

HB 2804, 84th Texas Legislature, 2015, added the TEC, §39.0546, requiring that community and student engagement ratings be part of the state academic accountability system. The TEA amended 19 TAC §61.1023 effective June 8, 2017, to provide instructions for reporting these ratings.

HB 22, 85th Texas Legislature, Regular Session, 2017, repealed the TEC, §39.0545 and §39.0546. The proposed repeal of 19 TAC §61.1023 is necessary because the statutory authority for the rule has been repealed.

The proposed repeal would eliminate the use of certain data elements related to community and student engagement in the Texas Student Data System Public Education Information Management System (TSDS PEIMS).

The proposed repeal would have no locally maintained paperwork requirements.

FISCAL NOTE. Penny Schwinn, deputy commissioner for academics, has determined that for the first five-year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. There is no effect on local economy for the first five years that the proposed repeal is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Ms. Schwinn has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be reflecting statutory changes and removing obsolete provisions from rule. There is no anticipated economic cost to persons who are required to comply with the proposed repeal.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 29, 2017, and ends October 30, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 29,2017.

STATUTORY AUTHORITY. The repeal is proposed under the Texas Education Code (TEC), §39.0545, as repealed by House Bill (HB) 22, 85th Texas Legislature, Regular Session, 2017, which required each school district to annually evaluate its performance and the performance of each of its campuses in the area of community and student engagement using eight specific categories and also required each district to report to the Texas Education Agency (TEA) the rating of Exemplary, Recognized, Acceptable, or Unacceptable that it had assigned to itself and to each of its campuses for overall performance in community and student engagement and for each of the eight categories; and TEC, §39.0546, as repealed by HB 22, 85th Texas Legislature, Regular Session, 2017, which required each school district and campus to annually select three of the eight categories in community and student engagement on which it would rate itself for the purpose of academic accountability ratings. It also required each district and campus to report to TEA the rating of A, B, C, D, or F that it had assigned to itself for overall performance in community and student engagement and for each of the three categories.

CROSS REFERENCE TO STATUTE. The repeal implements the Texas Education Code, §39.0545 and §39.0546, as repealed by House Bill 22, 85th Texas Legislature, Regular Session, 2017.

§61.1023.Community and Student Engagement.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 18, 2017.

TRD-201703662

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: October 29, 2017

For further information, please call: (512) 475-1497


CHAPTER 97. PLANNING AND ACCOUNTABILITY

SUBCHAPTER EE. ACCREDITATION STATUS, STANDARDS, AND SANCTIONS

19 TAC §§97.1051, 97.1053, 97.1057, 97.1059, 97.1065, 97.1073

The Texas Education Agency (TEA) proposes amendments to §§97.1051, 97.1053, 97.1057, 97.1059, 97.1065, and 97.1073, concerning accreditation status, standards, and sanctions. The proposed amendments would provide additional clarity regarding who may qualify as a professional service provider; outline the standards used by the commissioner to determine the imposition of sanctions and add clarity regarding when conservators, management teams, and boards of managers will be appointed; and update the process for transitioning from a board of managers to the board of trustees. The proposed amendments would also update references to the Texas Education Code (TEC) based on recodification legislation from the 85th Texas Legislature, Regular Session, 2017.

§97.1051, Definitions

TEC, §39A.902, authorizes the commissioner to require a campus or district to acquire professional services to address certain deficiencies. The statute does not define what type of entity may provide the professional services. The proposed amendment to §97.1051 would expand the current definition of professional service provider to include any partners, not just educators, that satisfy the agency vetting process to provide the services. The proposed amendment would increase the quality and availability of professional services by expanding the type of entities that may provide the services.

§97.1057, Interventions and Sanctions; Lowered Rating or Accreditation Status, and §97.1059, Standards for All Accreditation Sanction Determinations

TEC, Chapter 39A, authorizes the commissioner to impose sanctions and interventions on districts and campuses that do not satisfy applicable standards.

The proposed amendment to §97.1057(d) would place into rule the statutory authorization to appoint a board of managers found in TEC, §39A.006, when, for two consecutive school years, including the current school year, the district has had a conservator or management team assigned. The proposed amendment would define a school year as starting on the first day of instruction and including any portion of the school year. Since school years can vary between districts, the proposed language would use the first day of instruction as a common starting point between districts. By defining school year as any portion of the school year, the proposed language clarifies that the current school year need not be the entire school year. If the current school year were required to be the full school year, one could never satisfy the standard because once the current school year was completed, it would no longer be the current school year. The proposed amendment would implement past practice by the agency.

The proposed amendments to §97.1057(f) and §97.1059 would establish an additional standard that the commissioner may consider when making determinations to impose sanctions and interventions. Section 97.1057 establishes the primary consideration to be the best interest of the district's students. The proposed amendment to §97.1057(f) would make clear that an inability to implement effective change to improve student performance at the district or campus is contrary to the best interest of the district's students. Additionally, §97.1059 establishes what constitutes a material deficiency for which sanctions shall be imposed. The proposed amendment to §97.1059 would make explicit that an inability to implement effective change to improve student performance at the district or campus is considered a material deficiency for which sanctions on a district or campus shall be imposed. The statutory framework establishes a system to ensure that public schools improve student performance. The proposed amendments would make clear that an inability to initiate change focused on improving student performance acts against students' best interest and will initiate intervention processes.

§97.1065, Commissioner Determinations for Decisions Preceding Alternative Management, Campus Closure, or Board of Managers

TEC, §39A.001, requires the commissioner to take actions for districts under TEC, Chapter 39A, Subchapter A, Accountability Interventions and Sanctions, to the extent the commissioner determines necessary. TEC, §39A.002, allows the commissioner to take several actions if a district does not satisfy one of several standards, including the appointment of monitors, conservators, and management teams. TEC, §39A.102, allows the commissioner to appoint a monitor, conservator, management team, or board of managers to the school district to ensure support of low-performing campuses and implementation of the targeted improvement plan.

Proposed new §97.1065(b) would make explicit that actions taken against campuses under TEC, §39A.107, are subject to commissioner rules adopted in 19 TAC Chapter 157, Hearings and Appeals, for challenging interventions. The rules in 19 TAC Chapter 157 comply with the statutory requirements established under TEC, §39A.301. Clarification of the challenge process would ensure uniformity in applying interventions and recourse to interventions.

TEC, §39A.112, authorizes the commissioner to establish the time and manner for a parent petition to direct the sanction imposed based on five consecutive years of unacceptable campus performance. The proposed amendment to §97.1065(d) would update the requirements for a parent petition, making it clear that the superintendent is responsible for certifying a valid petition and that parent signatures collected after the issuance of preliminary ratings for the fourth consecutive year of unacceptable performance are part of the petition. The proposed amendment should facilitate the processing and delivery of a valid petition. The proposed amendment would also make clear that the sanction will be implemented for the current year or, if necessary, for the subsequent school year regardless of performance rating. This change would recognize the difference in timing between the appointment of a board of managers, which can be done relatively quickly, or the closure of the campus, which would displace students if done immediately. The change would ensure that a campus would not be required to close in the middle of a school year.

§97.1073, Appointment of Monitor, Conservator, or Board of Managers

The proposed amendment to §97.1073(b) would make explicit that a monitor may be appointed when a district is assigned an accreditation status of warned or probated. This would ensure that the commissioner may be kept apprised of actions of the district to enact change. The proposed amendment implements TEC, §39A.102, which authorizes the assignment of a monitor to ensure support of low-performing campuses and implementation of a targeted improvement plan.

The proposed amendment to §97.1073(c) would make explicit that a conservator or management team may be appointed when a district is assigned an accreditation status of probation. The proposed amendment would also implement TEC, §39A.102, which authorizes the assignment of a conservator or management team when necessary to ensure district-level support of low-performing campuses or implementation of a targeted improvement plan. This change would ensure that actions may be required of the district to initiate necessary changes to improve performance.

The proposed amendment to §97.1073(d) would make clear that the appointment of additional conservators to establish or add to a management team is not an additional sanction subject to additional review. The imposition of a conservator or management team is driven by performance, and the district has a review opportunity at that time. The use of multiple conservators or a single conservator is a decision of efficiency and efficacy of the intervention tool, not a question of whether the district is subject to the intervention.

TEC, §39A.111, requires the commissioner to either close a campus or appoint a board of managers if a campus reaches five consecutive years of unacceptable performance. TEC, §39A.115, authorizes the commissioner to adopt rules to implement TEC, Chapter 39A, Subchapter C, Campus Turnaround Plan. The proposed amendment to §97.1073(e) would make clear that the commissioner may appoint a board of managers if closure of a campus is not ordered when a campus meets the standards under TEC, §39A.111. The proposed amendment would implement TEC, §39A.102, which authorizes the assignment of a board of managers when necessary to ensure district-level support of low-performing campuses or implementation of a targeted improvement plan. The proposed amendment would make clear that a board of managers may be placed based on deficiencies identified in a special accreditation investigation. The proposed changes incorporate the explicit statutory authorizations.

TEC, §39A.208, requires that a board of managers transition back to a board of trustees over the last three years of the board of managers appointment, as close to one-third of the members at a time as possible. The statute also requires the board of managers to continue to call for elections of board of trustees although the board of trustees's authority is suspended. The statute further requires that a board of trustees may only be restored if the members were elected under an election called by the board of managers. The proposed amendment to §97.1073(g) would clarify that the commissioner may determine the order of the trustee positions restored to authority during a board of managers transition. The proposed amendment would also state that in the absence of a designation, the default transition established in §97.1073 would be maintained. As districts have multiple configurations of trustee positions, providing for commissioner determination of transition would allow the commissioner to adjust for unique circumstances and ensure the transition occurs in an orderly fashion.

Several sections of the TEC authorize the commissioner to appoint a board of managers. TEC, Chapter 39A, Subchapter E, establishes parameters and requirements of a board of managers. Decisions of number of the board of managers and terms of the board of managers are not statutorily defined. TEC, §39A.207, provides explicit authorization of the commissioner to replace members of the board of managers when placed due to campus-based interventions. The proposed amendment to §97.1073(g) would make clear that the commissioner may expand or reduce the number of members on a board of managers and may remove a member as needed. This change would ensure that as circumstances change, the board of managers would remain an effective intervention to improve performance of the district.

§§97.1051, 97.1053, 97.1057, 97.1065, and 97.1073

Senate Bill 1488, 85th Texas Legislature, Regular Session, 2017, recodified TEC, Chapter 39, Subchapter E, into TEC, Chapter 39A. Sections 97.1051, 97.1053, 97.1057, 97.1065, and 97.1073 would be amended to update cross references affected by the recodification.

The proposed amendments would have no procedural or reporting implications. The proposed amendments would have no locally maintained paperwork requirements.

FISCAL NOTE. A.J. Crabill, deputy commissioner for governance, has determined that for the first five-year period the amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments. There is no effect on local economy for the first five years that the proposed amendments are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendments do not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: In accordance with Texas Government Code, §2001.0221, TEA staff has determined that the proposed amendments would expand, limit, or repeal an existing regulation. The proposed amendment to §97.1051 limits an existing regulation by expanding the types of entities that can provide professional services. The proposed amendments to §97.1057(f) and §97.1059 expand an existing regulation by adding the district inability to implement effective change to improve student performance as a reason that a sanction or intervention may be ordered.

PUBLIC BENEFIT/COST NOTE. Mr. Crabill has determined that for each year of the first five years the proposed amendments are in effect the public benefit anticipated as a result of enforcing the proposed amendments will be providing clarity in the administration of interventions and sanctions. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 29, 2017, and ends October 30, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 29, 2017.

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §39.051, which requires the commissioner to determine accreditation statuses; TEC, §39.057, as amended by Senate Bill (SB) 7 and SB 1488, 85th Texas Legislature, Regular Session, 2017, which authorizes the commissioner to take intervention actions based on a special accreditation action, which includes the appointment of a board of managers under TEC, §39A.004, lowering the accreditation, or both; TEC, §39.102(a)(9), as amended by House Bill (HB) 1553 and SB 1566, 85th Texas Legislature, Regular Session, 2017, which expands the commissioner intervention tools when districts fail to meet accreditation, academic accountability, or financial accountability standards to include authorizing a district to enter into a memorandum of understanding with an institution of higher education to improve the district's performance; TEC, §39.102(a)(12), which expands the commissioner intervention tools when districts fail to meet accreditation, academic accountability, or financial accountability standards to include requiring the use of a board improvement and evaluation tool as provided by TEC, §11.182; TEC, §39A.001, which requires the commissioner to take actions for districts under the TEC, Chapter 39A, Subchapter A, Interventions and Sanctions for School Districts, to the extent the commissioner determines necessary, including any action the commissioner determines is appropriate on the bases of a special accreditation investigation; TEC, §39A.002, which allows the commissioner to take several actions if a district does not satisfy one of several standards, including the appointment of monitors, conservators, and management teams; TEC, §39A.003, which establishes the powers, duties, and limitations on the authority of a conservator or management team; TEC, §39A.004, which allows the commissioner to appoint a board of managers upon the satisfaction of certain conditions; TEC, §39A.005, which allows the commissioner to revoke the accreditation of a district upon the satisfaction of certain conditions; TEC, §39A.006, which allows the commissioner to appoint a board of managers after the assignment of a conservator or management team for two consecutive years; TEC, §39A.007, which allows the commissioner to impose additional sanctions designed to improve high school completion rates if the district fails any standard because of a district's dropout rate; TEC, §39A.051, which allows the commissioner to take actions as provided by TEC, Chapter 39A, as the commissioner determines necessary when a campus fails to meet the standard on any accountability indicator; TEC, §39A.052, which allows the commissioner to include certain educational personnel on a campus intervention team; TEC, §39A.053, which establishes the requirements for onsite needs assessments performed by a campus intervention team; TEC, §39A.054, which establishes the parameters for the recommendations that a campus intervention team provides; TEC, §39A.055, which requires a campus intervention team to assist in developing a targeted improvement plan; TEC, §39A.056, which establishes public notice requirements for a targeted improvement plan; TEC, §39A.057, which establishes hearing requirements for a targeted improvement plan; TEC, §39A.058, which requires submission of a targeted improvement plan to the commissioner for approval; TEC, §39A.059, which allows a campus intervention team, if appropriate, to take certain actions in executing a targeted improvement plan; TEC, §39A.060, recodified from TEC, §39.106, as amended by HB 2263, 85th Texas Legislature, Regular Session, 2017, which establishes continuing duty requirements for a campus intervention team; TEC, §39A.061, allows the commissioner to authorize certain intervention mechanisms to substitute for certain committees and planning requirements at a campus; TEC, §39A.062, which authorizes the commissioner to require campus- and district-level committees to revise campus improvement plans in certain circumstances; TEC, §39A.063, which authorizes the commissioner to accept a substantially similar federal intervention in place of imposing a state intervention; TEC, §39A.101, which requires the commissioner to order a campus to develop a campus turnaround plan after two consecutive years of unacceptable performance, requires the campus intervention team to assist in developing the plans, and requires the plan to include all necessary details to implement without further action by the board of trustees; TEC, §39A.102, which allows the commissioner to appoint a monitor, conservator, management team, or board of managers to the school district to ensure support of low-performing campuses and implementation of the targeted improvement plan; TEC, §39A.103, which requires public notices and requests for assistance in developing the campus turnaround plan prior to submitting the plan to the board of trustees; TEC, §39A.104, which requires the school district to prepare the campus turnaround plan and allow review prior to submitting to the board of trustees and requires that the plan assist in satisfying all accountability standards; TEC, §39A.105, which establishes the requirements of a campus turnaround plan; TEC, §39A.106, which requires the campus turnaround plan to take effect no later than the school year after the third consecutive school year of unacceptable performance; TEC, §39A.107, which allows the commissioner to approve a turnaround plan only if the commissioner determines implementing the plan will result in satisfaction of performance standards by the conclusion of the second year after implementation. In the absence of approving a turnaround plan, the commissioner must order alternative management of the campus or closure of the campus or appoint of a board of managers for the district; TEC, §39A.108, which authorizes the school district to take actions to implement the turnaround plan once approved by the commissioner; TEC, §39A.109, which authorizes a school district to receive assistance from a regional education service center or an institution of higher education in developing and implementing a campus turnaround plan; TEC, §39A.110, which provides options regarding the use of a campus turnaround plan if the campus receives an acceptable rating for the school year following the school year that required the development of the plan; TEC, §39A.111, which requires the commissioner to either close a campus or appoint a board of managers if a campus reaches five consecutive years of unacceptable performance; TEC, §39A.112, which authorizes the commissioner to establish the time and manner for a parent petition to direct the sanction imposed based on five consecutive years of unacceptable campus performance and allows the commissioner to order the sanction requested by a board of trustees submitted in rebuttal to a parent-submitted sanction directive; TEC, §39A.113, which establishes parameters around repurposing a campus site when the campus was ordered closed; TEC, §39A.114, which allows the commissioner to require a district to contract for targeted technical assistance at a campus under certain circumstances; TEC, §39A.115, which authorizes the commissioner to adopt rules to implement TEC, Chapter 39A, Subchapter C, Campus Turnaround Plan; TEC, §39A.151, which establishes process and eligible entities for alternative management; TEC, §39A.152, which establishes qualifications for a managing entity for alternative management; TEC, §39A.153, which establishes terms of the contract with the managing entity for alternative management; TEC, §39A.154, which authorizes the commissioner to extend an alternative management contract and to approve terms of the contract; TEC, §39A.155, which establishes the evaluation of a managing entity for alternative management; TEC, §39A.156, which establishes when an alternative management contract must be cancelled; TEC, §39A.157, which establishes when management of a campus returns to the school district; TEC, §39A.158, which requires accountability to apply to a campus managed under alternative management; TEC, §39A.159, which requires certain minimum funding for a campus under alternative management; TEC, §39A.160, which applies open meeting and public record requirements to a managing entity; TEC, §39A.161, which authorizes commissioner to adopt rules to implement TEC, Chapter 39A, Subchapter D, Alternative Management; TEC, §39A.201, which authorizes a board of managers to exercise all duties of a board of trustees; TEC, §39A.202, which suspends the powers of a board of trustees when a board of managers is appointed by the commissioner, authorizes the commissioner to appoint a superintendent, makes explicit that a board of managers may amend the budget, and applies TEC, Chapter 39A, to a district governed by a board of managers; TEC, §39A.203, which suspends the powers of a board of trustees regarding a campus when a board of managers for the campus is appointed by the commissioner, authorizes the commissioner to appoint a principal, and authorizes the commissioner to approve a campus board of managers's request for budget amendments; TEC, §39A.204, which requires, if possible, for a board of managers to include community leaders, business representatives, and experts in the field of education; TEC, §39A.205, which requires the commissioner to provide training for a board of managers; TEC, §39A.206, which authorizes compensation for a board of managers in certain circumstances; TEC, §39A.207, which authorizes the commissioner to replace a member of the board of managers when appointed under TEC, Chapter 39, Subchapter C, Accreditation; TEC, §39A.208, which requires that a board of managers transition back to a board of trustees over the last three years of the board of managers appointment, as close to one-third of the members at a time as possible; requires the board of managers to continue to call for elections of board of trustees although the board of trustees's authority is suspended; and requires that a board of trustees may only be restored if the members were elected under an election called by the board of managers; TEC, §39A.209, which allows a board of managers to be removed only after the campus has two consecutive years of acceptable performance; authorizes replacement of an appointed board of managers; and authorizes a conservator or monitor once the board of managers is removed; TEC, §39A.251, which imposes interventions and sanctions on open-enrollment charter schools the same as on school districts; TEC, §39A.252, which requires the commissioner to adopt rules for imposing interventions and sanctions on open-enrollment charter schools; TEC, §39A.253, which grants charter school hearings only under TEC, Chapter 39 or Chapter 12, not both; TEC, §39A.254, which authorizes the commissioner to require the development of a campus improvement plan in certain circumstances; TEC, §39A.255, which authorizes the commissioner to develop rules regarding the application of turnaround plans to open-enrollment charter schools; TEC, §39A.256, which authorizes the appointment of a board of managers for an open-enrollment charter school; TEC, §39A.257, which authorizes the appointment of a superintendent for an open-enrollment charter school; TEC, §39A.258, which authorizes the commissioner to remove a person from a charter board of managers at any time; TEC, §39A.259, which authorizes the commissioner to provide compensation to a charter board of managers or appointed superintendent; TEC, §39A.260, which establishes immunity for charter boards of managers and appointed superintendents; TEC, §39A.301, which establishes the exclusive challenge process for a decision by the commissioner to order closure of a district or campus or alternative management of a campus; TEC, §39A.901, which requires annual review of performance by the commissioner and increasing severity of intervention for lack of progress; TEC, §39A.902, which allows the commissioner to require a campus or district to acquire professional services to address certain deficiencies, including requiring board of trustees members to participate in professional services to address governance deficiencies; TEC, §39A.903, which requires districts to pay for the costs of certain interventions; TEC, §39A.904, which establishes immunity for those acting on behalf of the commissioner in implementing interventions and sanctions; TEC, §39A.905, which prohibits the commissioner from requiring a campus name change during certain interventions; TEC, §39A.906, which is a transitional provision that establishes which years to count for imposing certain interventions; and TEC, §39A.907, which establishes a special student recovery program that may be required of certain districts.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code (TEC), §§39.057, as amended by Senate Bill (SB) 7 and SB 1488, 85th Texas Legislature, Regular Session, 2017; 39.102, as amended by House Bill (HB) 1553 and SB 1566, 85th Texas Legislature, Regular Session, 2017; 39A.001-39A.007; 39A.051-39A.059; 39A.060, recodified from TEC, §39.106, as amended by HB 2263, 85th Texas Legislature, Regular Session, 2017; 39A.061-39A.063; 39A.101-39A.115; 39A.151-39A.161; 39A.201-39A.209; 39A.251-39A.260; 39A.301; and 39A.901-39A.907.

§97.1051.Definitions.

For purposes under Texas Education Code (TEC), Chapters [Chapter] 39 and 39A, and this subchapter, the following words and terms shall have the following meaning, unless the context clearly indicates otherwise:

(1) Board of managers--A board appointed by the commissioner of education to serve as a governing body that must, if possible, include:

(A) community leaders;

(B) business representatives who have expertise in leadership; and

(C) individuals who have knowledge or expertise in the field of education.

(2) Board of trustees--The definition of this term includes a governing body of a charter holder as defined by TEC, §12.1012.

(3) Campus--An organizational unit operated by the school district that is eligible to receive a campus performance rating in the state accountability rating system under §97.1001 of this title (relating to Accountability Rating System), including a rating of Not Rated or Not Rated: Data Integrity Issues. The definition of this term includes a charter school campus as defined by §100.1001(3)(C) of this title (relating to Definitions).

(4) Campus turnaround--A comprehensive change in an academically unacceptable campus that produces significant and sustainable gains in achievement within two years. For the purposes of this chapter, the term "academically unacceptable" performance means a rating of Academically Unacceptable, AEA: Academically Unacceptable, Improvement Required, or Unacceptable Performance or as otherwise indicated in the applicable year's academic accountability manual.

(5) Charter school--This term has the meaning assigned by §100.1001(3) of this title. References to a charter school in TEC, Chapters [Chapter] 39 and 39A, and rules adopted under it, shall mean either the board of trustees or the school district, as appropriate.

(6) Charter school site--This term has the meaning assigned by §100.1001(3)(D) of this title.

(7) District coordinator of school improvement (DCSI)--An employee of a school district in a leadership position in school improvement, in curriculum and instruction, or in another position with responsibility for student performance.

(8) Newspaper of general circulation--A newspaper, as defined in Texas Government Code, §2051.044, that has more than a minimum number of subscribers among a particular geographic region, that has a diverse subscribership, and that publishes some news items of general interest to the community.

(9) Person--This term has the meaning assigned by the Code Construction Act, Government Code, §311.005(2), and includes a school district.

(10) Professional service provider (PSP)--A partner [An educator] who has been vetted to provide on-site technical assistance for underperforming schools and districts either by the Texas Education Agency (TEA) or the TEA's technical assistance provider.

(11) Root cause--The education-related factors resulting in a campus's low performance and lack of progress.

(12) School district and district--The definition of these terms includes a charter operator, which is the same as a charter holder as defined by TEC, §12.1012.

§97.1053.Purpose.

(a) The provisions of Texas Education Code (TEC), Chapters [Chapter] 39 and 39A, and this subchapter shall be construed and applied to achieve the purposes of accreditation statuses assigned under TEC, §39.051 and §39.052, and the purposes of accreditation sanctions, which are to:

(1) inform the parents of students enrolled in the district, property owners in the district, general public, and policymakers of the academic, fiscal, and compliance performance of each district or campus on the standards adopted by the commissioner of education under TEC, §39.052(b) and (c), and/or listed in §97.1059 of this title (relating to Standards for All Accreditation Sanction Determinations);

(2) encourage the district or campus to improve its academic, fiscal, and/or compliance performance by addressing each area of deficiency identified by the commissioner of education;

(3) enable the parents of students enrolled in the district, property owners in the district, general public, and policymakers to assist the district or campus in improving the district or campus performance by addressing each area of deficiency identified by the commissioner;

(4) encourage other districts or campuses to improve their performance so as to avoid similar action and to retain their accreditation; and

(5) improve the Texas public school system by eliminating poor academic, fiscal, and compliance performance by districts and campuses on the standards listed in §97.1059 of this title.

(b) The accreditation status assigned a district under §97.1055 of this title (relating to Accreditation Status) generally reflects performance under the state academic accountability rating system and financial accountability rating system beginning with the district's 2006 ratings. However, performance under these systems for earlier years shall be considered for purposes of accreditation statuses and sanctions under this subchapter. Accordingly:

(1) consideration of or failure to consider any rating of the district under §97.1055 of this title does not preclude consideration of that rating when determining accreditation sanctions under this subchapter; and

(2) when determining accreditation sanctions under this subchapter, the commissioner shall consider the entire ratings history of the district and its campuses to the extent it is material.

(c) The provisions of TEC, Chapters [Chapter ] 39 and 39A, and this subchapter apply in the same manner to an open-enrollment charter school as to a district.

§97.1057.Interventions and Sanctions; Lowered Rating or Accreditation Status.

(a) The provisions of Texas Education Code (TEC), Chapters [Chapter] 39 and 39A, and this subchapter shall be construed and applied to achieve the purposes of accreditation sanctions, which are specified in §97.1053 of this title (relating to Purpose).

(b) If the commissioner of education finds that a district or campus does not satisfy the accreditation criteria under TEC, §39.051 and §39.052, the academic performance standards under TEC, §39.054, or any financial accountability standard as determined by the commissioner, the commissioner may lower the district's accreditation status, academic accountability rating, or financial accountability rating, as applicable, and take appropriate action under this subchapter.

(c) Regardless of whether the commissioner lowers a district's status or rating under subsection (b) of this section, the commissioner may take action under TEC, Chapters [Chapter ] 39 and 39A, or this section if the commissioner determines that the action is necessary to improve any area of performance by the district or campus.

(d) 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.

(e) [(d)] Subject to subsections (h)-(k) [(g)-(j)] of this section, once the commissioner takes action under this subchapter, the commissioner may impose on the district or campus any other sanction under TEC, Chapter 39 or 39A, or this subchapter, singly or in combination, to the extent the commissioner determines is reasonably required to achieve the purposes specified in §97.1053 of this title.

(f) [(e)] In determining whether to impose a particular sanction under TEC, Chapters [Chapter ] 39 and 39A, or this subchapter, the commissioner may consider the costs and logistical concerns of the district, but shall give primary consideration to the best interest of the district's students. The sanction selected shall be reasonably calculated to address the district's or campus' deficiencies immediately or within a reasonable time, in the best interest of its present and future students. The following shall be considered as being contrary to the best interests of the district's students:

(1) inefficient or ineffectual use of district funds or property;

(2) failure to adequately account for funds; [and]

(3) receipt of a substantial over-allocation of funds for which the district has failed to plan prudently in light of its obligation to repay the funds under TEC, §42.258; and[.]

(4) inability to implement effective change to improve the performance of students in the district or at the campus.

(g) [(f)] In determining whether to impose a particular sanction under TEC, Chapters [Chapter ] 39 and 39A, or this subchapter based on resource allocation practices as authorized by TEC, §39.0821 and §39.057(a)(12), (d), and (e), the commissioner shall consider the factors specified in §97.1053 of this title.

(h) [(g)] The commissioner shall notify the school district or open-enrollment charter school in writing of a sanction imposed under this subchapter or §100.1023 of this title (relating to Intervention Based on Charter Violations). The notice must state the basis for finding that the district or open-enrollment charter school does not satisfy the applicable criteria as indicated in this subchapter or §100.1023 of this title. The finding(s) may be made in the notice or in a final investigative report or based on a final investigative report.

(i) [(h)] If a finding is made for the first time in the notice required by subsection (h) [(g)] of this section, the Texas Education Agency shall comply with Chapter 157, Subchapter EE, Division 1, of this title (relating to Informal Review) with respect to the new finding.

(j) [(i)] A determination under this section must be made in writing and may be included in a written notice under subsection (h) [(g)] of this section. The determination may be made in the notice or in a final investigative report or based on a final investigative report. A determination under this section may be based on a report on the progress of a prior action under this subchapter.

(k) [(j)] The commissioner shall annually review a sanction imposed under subsection (h) [(g)] of this section and shall increase the sanction, as required by TEC, §39A.901 [§39.108]. The commissioner shall quarterly review the need for a conservator or a management team imposed under this subchapter, as required by TEC, §39A.003 [§39.111]. If reviews are required under both TEC, §39A.901 [§39.108] and §39A.003 [§39.111], a quarterly review under TEC, §39A.003 [§39.111], may satisfy the annual review under TEC, §39A.901 [§39.108]. An annual or quarterly review is not subject to the requirements of this section.

§97.1059.Standards for All Accreditation Sanction Determinations.

(a) The commissioner of education shall impose district and campus accreditation sanctions under this subchapter individually or in combination as the commissioner determines necessary to achieve the purposes identified in §97.1053 of this title (relating to Purpose).

(b) In making a determination under subsection (a) of this section, the commissioner shall consider the seriousness, number, extent, and duration of deficiencies identified by the Texas Education Agency (TEA) [,] and shall impose one or more accreditation sanctions on a district and its campuses as needed to address:

(1) each material deficiency identified by the TEA through its systems for district and campus accountability, including:

(A) an accreditation status under §97.1055 of this title (relating to Accreditation Status);

(B) an academic accountability rating under §97.1001 of this title (relating to Accountability Rating System);

(C) a financial accountability rating under §109.1001 of this title (relating to Financial Accountability Ratings) or a financial audit or investigation;

(D) program effectiveness under §97.1071 of this title (relating to Special Program Performance; Intervention Stages) or other law;

(E) the results of a special accreditation investigation under Texas Education Code, §39.057;

(F) the results of an investigative report under Chapter 157, Subchapter EE, of this title (relating to Informal Review, Formal Review, and Review by State Office of Administrative Hearings); complaint investigation; special education due process hearing; or data integrity investigation, including an investigation of assessment or financial data; [or]

(G) an inability to implement effective change to improve the performance of students in the district or at the campus; or

(H) [(G)] other information related to subparagraphs (A)-(G) [(A)-(F)] of this paragraph.

(2) any ongoing failures to address deficiencies previously identified or patterns of recurring deficiencies;

(3) any lack of district responsiveness to, or compliance with, current or prior interventions or sanctions; and

(4) any substantial or imminent harm presented by the deficiencies of the district or campus to the welfare of its students or to the public interest.

(c) If the commissioner identifies a district and one or more of its campuses for accreditation sanction under subsection (a) of this section, the commissioner may elect to combine activities to be undertaken at the district and campus levels as needed to achieve the purposes of each sanction.

(d) When making any campus-level determination under this subchapter, the commissioner shall also consider the district-level performance of the district on applicable academic, fiscal, and compliance standards.

(e) The commissioner must review at least annually the performance of a district for which the accreditation status or academic accountability rating has been lowered due to insufficient student performance and may not raise the accreditation status or rating until the district has demonstrated improved student performance. If the review reveals a lack of improvement, the commissioner shall increase the level of state intervention and sanction unless the commissioner finds good cause for maintaining the current status.

§97.1065.Commissioner Determinations for Decisions Preceding Alternative Management, Campus Closure, or Board of Managers.

(a) Action required. The commissioner of education shall order:

(1) alternative management or closure of a campus or appoint a board of managers to govern the district if the campus turnaround plan is not approved as outlined in §97.1064 of this title (relating to Campus Turnaround Plan); and

(2) closure of a campus or appoint a board of managers to govern the district if the campus is assigned an unacceptable performance rating under the state academic accountability system for three consecutive school years after the campus is ordered to submit a campus turnaround plan as outlined in §97.1064 of this title.

(b) Review. An action ordered under subsection (a) of this section is subject to the applicable review procedures provided in Chapter 157 of this title (relating to Hearings and Appeals).

(c) [(b)] Other actions permitted. In combination with action under this section, the commissioner may impose on the district or campus any other sanction under Texas Education Code (TEC), Chapter 39 or 39A, or this subchapter, singly or in combination, to the extent the commissioner determines is reasonably required to achieve the purposes specified in §97.1053 of this title (relating to Purpose). In particular, the commissioner may assign a monitor, conservator, management team, or board of managers in order to ensure and oversee district-level support to low-performing campuses and the implementation of the updated targeted improvement plan and the campus turnaround plan.

(d) [(c)] Petition allowed. In accordance with TEC, §39A.112 [§39.107(e-2)], for a campus subject to an order of closure or appointment of a board of managers to govern the district under subsection (a) of this section, if a written petition, signed by the parents of a majority of the students enrolled at the campus and specifying the action requested under subsection (a) of this section, is presented to the commissioner in accordance with this section and related procedures adopted by the Texas Education Agency (TEA), the commissioner shall, except as otherwise authorized by this section, order the specific action requested. If the board of trustees of the school district in which the campus is located presents to the commissioner, in accordance with this section and related procedures adopted by the TEA, a written request that the commissioner order a specific action under subsection (a) of this section other than the action requested by the parents in a valid petition, along with a written explanation of the basis for the board's request, the commissioner may order the action requested by the board of trustees.

(1) A written petition under this subsection must be:

(A) finalized and submitted to the district superintendent no later than October 15 for purposes of validation;

(B) certified by the superintendent [district ] as a valid petition in accordance with paragraph (2) of this subsection; and

[(C) adopted as a valid petition by the board of trustees in an action taken in a public meeting conducted in compliance with the Texas Open Meetings Act; and]

(C) [(D)] if determined to be a valid petition, submitted by the district superintendent to the commissioner no later than December 1.

(2) Only a written petition determined to be valid in accordance with this section and TEA procedures may be submitted to the commissioner. At a minimum, the following criteria must be met for a petition to be determined valid.

(A) The petition must include all information required by the TEA as reflected in TEA model forms and related procedures and must be submitted to the district superintendent in accordance with the deadline established in paragraph (1)(A) of this subsection.

(B) The petition must clearly state the sanction action under subsection (a) of this section being requested by the parents.

(C) In accordance with this subparagraph, the parent(s) of more than 50% of the students enrolled at the campus must provide the handwritten or typed name and an original signature on the petition.

(i) For the purposes of the petition, a parent means the parent who is indicated on the student registration form at the campus.

(ii) A student will be considered enrolled at the campus for the purposes of the petition if the student is enrolled and in membership at the campus on a TEA-determined enrollment snapshot date, as reflected in TEA procedures.

(iii) For the purposes of determining whether parents of more than 50% of the students enrolled at the campus have signed the petition, only one parent signature per enrolled student can be counted by the district in its calculation assuring validity of the petition.

(iv) A signature is valid if the person signed the petition on or after the date on which a preliminary rating indicating four or more consecutive years of unacceptable performance at the campus was issued.

(3) If the board of trustees of the school district requests that the TEA consider a specific action under subsection (a) of this section other than the action requested by the parents in a valid petition and submitted to the TEA in accordance with this subsection, the board must submit a written request to the commissioner and include a written explanation of the basis for the board's request for an action other than the one reflected in a valid parent petition. Any written request must be:

(A) approved by a majority of the board members in an action taken in a public meeting conducted in compliance with the Texas Open Meetings Act; and

(B) submitted to the commissioner no later than December 15 in accordance with procedures established by the TEA.

(4) If a valid parent petition under paragraph (1) of this subsection or board of trustees submission under paragraph (3) of this subsection requests that the commissioner order campus closure, the district must submit, no later than January 30, a comprehensive plan for campus closure that meets the requirements of the TEC, §39A.113 [§39.107], and §97.1066 of this title (relating to Campus Closure).

(5) Following the submission to the TEA of a valid petition and any subsequent board request under this section, the commissioner will order, no later than February 15, a sanction in compliance with the TEC, §39A.111 [§39.107], and this section. The sanction shall be implemented for the current year or, if necessary, for the subsequent school year regardless of the state academic accountability rating assigned to the campus in that school year. [For example: A campus is assigned an unacceptable performance rating for the fifth consecutive year on or around August 8, 2016. In February 2017, the commissioner orders a sanction under this paragraph. The sanction must be implemented for the 2017-2018 school year.]

(6) Notwithstanding this subsection, in the case of a charter school granted under the TEC, Chapter 12, Subchapter D or E, the commissioner shall retain authority under the TEC and Chapter 100, Subchapter AA, Division 2, of this title (relating to Commissioner Action and Intervention) to take any adverse action allowed by statute and rule and to approve or disapprove any proposed change in campus or charter structure resulting from a petition or board request under this subsection.

(e) [(d)] Targeted technical assistance. In addition to the grounds specified in TEC, §39A.114 [§39.109], if the commissioner determines that the basis for the unsatisfactory performance of a campus for more than two consecutive school years is limited to a specific condition that may be remedied with targeted technical assistance, the commissioner may require the district to contract for the appropriate technical assistance, including, but not limited to, the district's regional education service center and/or an institution of higher education.

§97.1073.Appointment of Monitor, Conservator, or Board of Managers.

(a) The commissioner of education shall appoint a monitor, conservator, management team, or board of managers whenever such action is required, as determined by this section. Action under any other section of this subchapter is not a prerequisite to acting under this section.

(b) The commissioner may [shall] appoint a monitor under Texas Education Code (TEC), §39A.002 [§39.102(a)(6), when:

(1) the district has an accreditation rating of Accredited-Warned or Accredited-Probation;

(2) a monitor is needed to ensure district-level support to low-performing campuses and the implementation of the updated targeted improvement plan; or

(3) all of the following exist:

(A) [(1)] the deficiencies identified under §97.1059 of this title (relating to Standards for All Accreditation Sanction Determinations) require a monitor to participate in and report to the commissioner on the activities of the district's board of trustees and superintendent;

(B) [(2)] the deficiencies identified under §97.1059 of this title are not of such severity or duration as to require direct Texas Education Agency (TEA) oversight of district operations;

(C) [(3)] the district has been responsive to and generally compliant with previous commissioner sanctions and TEA interventions; and

(D) [(4)] stronger intervention is not required to prevent substantial or imminent harm to the welfare of the district's students or to the public interest.

(c) The commissioner may [shall] appoint a conservator or management team under TEC, §§39A.002, 39A.003, 39A.006, and 39A.102 [§39.102(a)(7) and §39.111, or a management team under TEC, §39.102(a)(8) and §39.111], when:

(1) the district has an accreditation rating of Accredited-Probation;

(2) a conservator or management team is needed to ensure and oversee district-level support to low-performing campuses and the implementation of the updated targeted improvement plan;

(3) [(1)] the nature or duration of the deficiencies require that the TEA directly oversee the operations of the district in the area(s) of deficiency;

(4) [(2)] the district has not been responsive to or compliant with TEA intervention requirements; or

(5) [(3)] such intervention is needed to prevent substantial or imminent harm to the welfare of the district's students or to the public interest.

(d) The decision whether to appoint a conservator or management team under subsection (c) of this section may [shall] be based [solely] on logistical concerns, including the competencies required and the volume of work involved. The addition of a conservator to form a management team or the addition of additional members to the management team is not a new sanction and does not entitle the district to an additional review. [Selecting a management team rather than a conservator does not reflect on the severity of the deficiencies to be addressed.]

(e) The commissioner may appoint a board of managers under TEC, §§39A.004, 39A.006, 39A.102, 39A.107, 39A.111, 39A.256 [§39.112, §39.102(a)(9) or (b)], or [§]12.116(d)(1), as applicable, when:

(1) sanctions under subsection (b) or (c) of this section have been ineffective to achieve the purposes identified in §97.1057 of this title (relating to Interventions and Sanctions; Lowered Rating or Accreditation Status);

(2) the commissioner has initiated proceedings to close or annex the district;

(3) the commissioner has initiated proceedings to close a campus, and such intervention is needed to cease operations of the campus; [or]

(4) such intervention is needed to prevent substantial or imminent harm to the welfare of the district's students or to the public interest;[.]

(5) a board of managers is needed to ensure and oversee district-level support to low-performing campuses and the implementation of the updated targeted improvement plan;

(6) the district has a campus that is subject to TEC, §39A.111, and the commissioner does not order the closure of the campus;

(7) deficiencies identified in a special accreditation investigation warrant the appointment of a board of managers; or

(8) a failure in governance results in an inability to carry out the powers and duties of the board of trustees as outlined in TEC, §11.151 and §11.1511.

(f) Not later than the second anniversary date of the appointment of the board of managers, the commissioner shall notify the board of managers and the board of trustees of the date on which the appointment of the board of managers will expire.

(g) A board of managers shall, during the period of the appointment, order the election of members of the board of trustees of the district in accordance with applicable provisions of law. Except as provided by this subsection, the members of the board of trustees do not assume any powers or duties after the election until the appointment of the board of managers expires.

(1) An individual elected to the board of trustees at an election ordered under this subsection assumes and may exercise all powers and duties of that office at the first official board meeting where the replacement of the member of the board of managers with the elected board of trustee member occurs and after satisfying all legal and procedural prerequisites to take office.

(2) Any member of the board of trustees elected during the appointment of the board of managers who has not yet assumed the powers and duties of a member of the board of trustees will not be considered for purposes of constitution of a quorum.

(3) A board of managers shall order elections for trustees with three-year terms to be held annually in accordance with TEC, §11.059(b). Following each of the last three years of the period of appointment, one-third of the members of the board of managers shall be replaced by the number of members of the school district board of trustees who were elected at an election ordered under this paragraph that constitutes, as closely as possible, one-third of the membership of the board of trustees.

(4) A board of managers shall order elections for trustees with four-year terms to be held biennially in accordance with TEC, §11.059(c). Following each of the last three years of the period of appointment, one-third of the members of the board of managers shall be replaced by the number of members of the school district board of trustees who were elected at an election ordered under this paragraph that constitutes, as closely as possible, one-third of the membership of the board of trustees.

[(A) In the event that the number of trustees elected in the first election exceeds one-third of the total board of trustee membership, the board of managers shall determine, by lot, which of those trustees shall be selected to initially replace members of the board of managers and assume positions on the board.]

[(B) Any remaining trustees elected at the first election ordered under this paragraph shall replace an equivalent number of members of the board of managers and assume positions on the board in the following year, together with any trustees elected in the second election ordered by the board of managers under this paragraph.]

[(C) In the event that the total number of previously elected trustees who have not yet assumed positions on the board exceeds one-third of the total board of trustee membership, the trustees elected at the first election ordered under this paragraph shall receive priority in the order of placement on the board, followed by trustees elected at the second election who shall be selected by lot by the board of managers.]

[(D) Any trustees elected in the third election ordered by the board of managers under this paragraph shall replace an equivalent number of members of the board of managers and assume positions on the board following the last year of the period of the board of managers' appointment.]

(5) Upon the appointment of a board of managers to a school district, the commissioner will designate the sequence in which the board of managers' member groups and eligible board of trustees' member groups, the number of which constitutes, as closely as possible, one-third of the membership of the board of trustees, will be replaced by an equal number of elected board of trustee members. The commissioner may modify the composition or number of members constituting those groups at any time during the period of the appointment.

(6) The commissioner may at any time remove and/or replace a member of the board of managers and may expand or reduce the number of the board of manager members [commensurate with the number of the board of trustee members of the school district] at any time during the appointment of the board of managers.

(7) On the expiration of the appointment of the board of managers, the board of trustees assumes all of the powers and duties assigned to a board of trustees of the school district.

(8) The commissioner may designate the sequence in which an eligible trustee of the board of trustees will replace a member of the board of managers. If the commissioner makes such designation, a trustee replacing a manager would complete the remainder of his or her elected term upon placement to the transitioning board. In the absence of a designation by the commissioner, the trustees elected in an election following each of the last three years of the board of managers' appointment, as determined by the commissioner, shall replace the designated members of the board of managers, except as follows.

(A) In the event that the number of trustees elected in the first election exceeds one-third of the total board of trustee membership, the board of managers shall determine by lot which of those trustees shall be selected to initially replace members of the board of managers and assume positions on the board.

(B) Any remaining trustees elected at the first election ordered under this paragraph shall replace an equivalent number of members of the board of managers and assume positions on the board in the following year, together with any trustees elected in the second election ordered by the board of managers under this paragraph.

(C) In the event that the total number of previously elected trustees who have not yet assumed positions on the board exceeds one-third of the total board of trustee membership, the trustees elected at the first election ordered under this paragraph shall receive priority in the order of placement on the board, followed by trustees elected at the second election, who shall be selected by lot by the board of managers.

(D) Any trustees elected in the third election ordered by the board of managers under this paragraph shall replace an equivalent number of members of the board of managers and assume positions on the board following the last year of the period of the board of managers' appointment.

(h) The training in effective leadership strategies required under TEC, §39A.205 [§39.112], shall be provided by TEA-approved registered providers of school board training to each individual appointed by the commissioner to a board of managers and, following the expiration of the appointment of the board of managers, to the board of trustees of the school district.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 18, 2017.

TRD-201703663

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: October 29, 2017

For further information, please call: (512) 475-1497