Current through Reg. 50, No. 13; March 28, 2025
(a) General
provisions.
(1) Each year, the commissioner
of education shall assign to each school district an accreditation status under
Texas Education Code (TEC), §39.052(b) and (c). Each district shall be
assigned a status defined as follows.
(A)
Accredited. Accredited means the Texas Education Agency (TEA) recognizes the
district as a public school of this state that:
(i) meets the standards determined by the
commissioner under TEC, §
39.052(b) and
(c), and specified in §
97.1059 of this title (relating to
Standards for All Accreditation Sanction Determinations); and
(ii) is not currently assigned an
accreditation status of Accredited-Warned or
Accredited-Probation.
(B)
Accredited-Warned. Accredited-Warned means the district exhibits deficiencies
in performance, as specified in subsection (b) of this section, that, if not
addressed, will lead to probation or revocation of its accreditation
status.
(C) Accredited-Probation.
Accredited-Probation means the district exhibits deficiencies in performance,
as specified in subsection (c) of this section, that must be addressed to avoid
revocation of its accreditation status.
(D) Not Accredited-Revoked. Not
Accredited-Revoked means the TEA does not recognize the district as a Texas
public school because the district's performance has failed to meet standards
adopted by the commissioner under TEC, §
39.052(b) and
(c), and specified in subsection (d) of this
section.
(2) The
commissioner shall assign the accreditation status, as defined by this section,
based on the performance of each school district. This section shall be
construed and applied to achieve the purposes of TEC, §
39.051 and §
39.052, which are
specified in §
97.1053(a) of
this title (relating to Purpose).
(3) The commissioner shall revoke the
accreditation status of a district that fails to meet the standards specified
in this section. In the event of revocation, the purposes of the TEC, §
39.051 and §
39.052, are to:
(A) inform the parents of students enrolled
in the district, property owners in the district, general public, and
policymakers that the TEA does not recognize the district as a Texas public
school because the district's performance has failed to meet standards adopted
by the commissioner under TEC, §
39.052(b) and
(c), and specified in subsection (d) of this
section; and
(B) encourage other
districts to improve their performance so as to retain their
accreditation.
(4) Unless
revised as a result of investigative activities by the commissioner as
authorized under TEC, Chapter 39 or 39A, or other law, an accreditation status
remains in effect until replaced by an accreditation status assigned for the
next school year. An accreditation status shall be revised within the school
year when circumstances require such revision in order to achieve the purposes
specified in §
97.1053(a) of
this title.
(5) An accreditation
status will be withheld pending completion of any appeal or review of an
academic accountability rating, a financial accountability rating, or other
determination by the commissioner, but only if such appeal or review is:
(A) specifically authorized by commissioner
rule;
(B) timely requested under
and in compliance with such rule; and
(C) applicable to the accreditation status
under review.
(6) An
accreditation status may be withheld pending completion of on-site or other
investigative activities in order to achieve the purposes specified in §
97.1053(a) of
this title.
(7) The commissioner
may withhold the assignment of an accreditation status to an open-enrollment
charter school that is subject to TEC, §
12.115(c)
or §
12.1141(d),
or has otherwise surrendered its charter.
(8) If an accreditation status is withheld
pending completion of an appeal or review as provided by this section, the
district's last issued accreditation status remains in effect until otherwise
finalized or changed.
(9) An
accreditation status may be raised or lowered based on the district's
performance or may be lowered based on the performance of one or more campuses
in the district that is below a standard required under this chapter or other
applicable law.
(10) For purposes
of determining multiple years of academically unacceptable or insufficient
performance, the academic accountability ratings issued for the 2010-2011
school year and for the 2012-2013 school year are consecutive. An accreditation
status assigned for the 2012-2013 school year shall be based on assigned
academic accountability ratings for the applicable prior school years, as
determined under subsections (b)-(d) of this section. Additionally, for
purposes of determining multiple years of academically unacceptable or
insufficient performance, the academic accountability ratings issued for the
2018-2019 school year and for the 2021-2022 school year are consecutive. An
accreditation status assigned for the 2022-2023 school year shall be based on
assigned academic and financial accountability ratings for the applicable prior
school years, as determined under subsections (b)-(d) of this
section.
(11) If a lowered
accreditation status is assigned and a sanction is imposed, the subsequent
issuance of a new accreditation status does not affect the commissioner's
authority to proceed with the previously imposed sanction.
(12) Accreditation statuses are consecutive
if they are not separated by an accreditation period in which the TEA assigned
accreditation statuses to districts and charter schools generally. For example,
if TEA does not assign accreditation statuses to districts and charter schools
generally for the 2012-2013 school year, then the accreditation statuses issued
for the 2011-2012 school year and for the 2013-2014 school year are
consecutive. Additionally, if TEA does not assign accreditation statuses to
districts and charter schools generally for the 2020-2021 school year, then the
accreditation statuses issued for the 2019-2020 school year and for the
2022-2023 school year are consecutive.
(13) If a rating of Not Rated or similar
rating is issued to a school district, the commissioner may withhold the
assignment of an accreditation status or withdraw a previously issued
accreditation status. For purposes of determining multiple years of
unacceptable or insufficient performance, the rating issued for the prior and
subsequent school year are consecutive. The next accreditation status assigned
shall be based on assigned accountability ratings for the applicable prior
school years, as determined under subsections (b)-(d) of this
section.
(14) When an accreditation
status is withheld because either a financial or academic accountability rating
is not available or the district is not rated, the commissioner may, but is not
required to, consider the rating that is issued when assigning subsequent
accreditation statuses in order to achieve the purposes specified in §
97.1053(a) of
this title. If the commissioner elects not to consider a rating, then the
previous and subsequent rating is consecutive.
(b) Determination of Accredited-Warned
status.
(1) A district shall be assigned
Accredited-Warned status if the district is assigned:
(A) for two consecutive school years, an
unacceptable academic accountability rating as indicated in the applicable
year's accountability manual adopted under §
97.1001 of this title (relating to
Accountability Rating System);
(B)
for two consecutive school years, a financial accountability rating of
Substandard Achievement as indicated in the applicable year's financial
accountability system manual adopted under §
109.1001 of this title (relating
to Financial Accountability Ratings);
(C) for two consecutive school years, any one
of the ratings referenced in subparagraphs (A) and (B) of this paragraph;
or
(D) for one school year, a
combination of ratings referenced in both subparagraphs (A) and (B) of this
paragraph.
(2)
Notwithstanding the district's performance under paragraph (1) of this
subsection, a district shall be assigned Accredited-Warned status if the
commissioner determines this action is reasonably necessary to achieve the
purposes of TEC, §
39.051 and §
39.052. Such action is
generally required by the following circumstances:
(A) to an extent established under subsection
(e) of this section, the district has failed to comply with requirements
related to:
(i) the integrity of assessment
or financial data used to measure performance under TEC, Chapter 39, 39A, or
48, and rules implementing those chapters;
(ii) the reporting of data under TEC, §
48.008, and §
61.1025 of this title (relating to
Public Education Information Management System (PEIMS) Data and Reporting
Standards);
(iii) other reports
required by state or federal law or court order;
(iv) awarding high school graduation under
TEC, §
28.025; or
(v) any applicable requirement under TEC,
§
7.056(e)(3)(C)-(I);
or
(B) after review
and/or investigation under TEC, §
39.003 or §
39.056, the
commissioner finds:
(i) the district's
programs monitored under §
97.1001 of this title exhibit
serious or persistent deficiencies that, if not addressed, may lead to
probation or revocation of the district's accreditation; or
(ii) the district otherwise exhibits serious
or persistent deficiencies that, if not addressed, may lead to probation or
revocation of the district's accreditation.
(3) Notwithstanding paragraph (2) of this
subsection, a district shall be assigned Accredited-Warned status if the
commissioner determines this action is reasonably necessary to achieve the
purposes of TEC, §
39.051 and §
39.052.
(c) Determination of Accredited-Probation
status.
(1) A district shall be assigned
Accredited-Probation status if the district is assigned:
(A) for three consecutive school years, an
unacceptable academic accountability rating as indicated in the applicable
year's accountability manual adopted under §
97.1001 of this title;
(B) for three consecutive school years, a
financial accountability rating of Substandard Achievement as indicated in the
applicable year's financial accountability system manual adopted under §
109.1001 of this title;
(C) for three consecutive school years, any
one of the ratings referenced in subparagraphs (A) and (B) of this paragraph;
or
(D) for two consecutive school
years, a combination of ratings referenced in both subparagraphs (A) and (B) of
this paragraph.
(2)
Notwithstanding the district's performance under paragraph (1) of this
subsection, a district shall be assigned Accredited-Probation status if the
commissioner determines this action is reasonably necessary to achieve the
purposes of TEC, §
39.051 and §
39.052. Such action is
generally required by the following circumstances:
(A) to an extent established under subsection
(e) of this section, the district has failed to comply with requirements
related to:
(i) the integrity of assessment
or financial data used to measure performance under TEC, Chapter 39, 39A, or
48, and rules implementing those chapters;
(ii) the reporting of data under TEC, §
48.008, and §
61.1025 of this title;
(iii) other reports required by state or
federal law or court order;
(iv)
awarding high school graduation under TEC, §
28.025; or
(v) any applicable requirement under TEC,
§
7.056(e)(3)(C)-(I);
or
(B) after review
and/or investigation under TEC, §
39.003 or §
39.056, the
commissioner finds:
(i) the district's
programs monitored under §
97.1001 of this title exhibit
serious or persistent deficiencies that, if not addressed, may lead to
revocation of the district's accreditation; or
(ii) the district otherwise exhibits serious
or persistent deficiencies that, if not addressed, may lead to revocation of
the district's accreditation.
(3) Notwithstanding paragraph (2) of this
subsection, a district shall be assigned Accredited-Probation status if the
commissioner determines this action is reasonably necessary to achieve the
purposes of TEC, §
39.051 and §
39.052.
(d) Determination of Not Accredited-Revoked
status; Revocation of accreditation.
(1) The
accreditation of a district shall be revoked if the district is assigned:
(A) for four consecutive school years, an
unacceptable academic accountability rating as indicated in the applicable
year's accountability manual adopted under §
97.1001 of this title;
(B) for four consecutive school years, a
financial accountability rating of Substandard Achievement as indicated in the
applicable year's financial accountability system manual adopted under §
109.1001 of this title;
(C) for four consecutive school years, any
one of the ratings referenced in subparagraphs (A) and (B) of this paragraph;
or
(D) for three consecutive school
years, a combination of ratings referenced in both subparagraphs (A) and (B) of
this paragraph.
(2)
Notwithstanding paragraph (1) of this subsection, the commissioner may abate
the assignment of a Not Accredited-Revoked status, issue another accreditation
status, or elect to appoint a board of managers to govern the district in lieu
of revoking the district's accreditation if the commissioner determines that
revocation of the district's accreditation is not reasonably necessary to
achieve the purposes of TEC, §
39.051 and §
39.052.
(3) Notwithstanding this section, if the
commissioner appoints a board of managers under paragraph (2) of this
subsection or as a result of a special investigation, the commissioner shall
assign the district accreditation statuses during the period of the appointment
of the board of managers as follows.
(A) In
the school year following the appointment of the board of managers, the
commissioner shall assign the district an accreditation status of
Accredited.
(B) In the school years
following the issuance of the accreditation rating under subparagraph (A) of
this paragraph, the commissioner shall assign the accreditation status as
provided by subsections (a)-(d) of this section. However, the commissioner
shall not consider any academic rating that was issued for a school year in
which the district was operated, in whole or in part, by the suspended board of
trustees. The commissioner shall also not consider any financial accountability
rating that was issued based on financial data from a fiscal year in which the
district was operated, in whole or in part, by the suspended board of trustees.
Notwithstanding this provision, the commissioner may consider academic or
financial ratings attributable to performance that occurred in a school year in
which the district was operated, in whole or in part, by the suspended board of
trustees if the commissioner, in his sole discretion, determines such
consideration is necessary to achieve the purposes of TEC, §
39.051 and §
39.052.
(C) For any district subject to this
paragraph, the commissioner may lower the district's accreditation rating to
Not Accredited-Revoked at any time if the commissioner determines that the
district is not making acceptable progress to correct its academic or financial
performance and that closure and annexation is necessary to achieve the
purposes of TEC, §
39.051 and §
39.052, unless the
district has earned an Accredited status absent the application of subparagraph
(A) or (B) of this paragraph.
(D)
For purposes of this subsection, the period of appointment of the board of
managers includes any school year in which any member of the board of managers
serves, including the school year during which the appointment of the board of
managers expires.
(4) A
district shall have its accreditation revoked if, notwithstanding its
performance under paragraph (1) of this subsection, the commissioner determines
this action is reasonably necessary to achieve the purposes of TEC, §
39.051 and §
39.052. Such action is
generally required by the following circumstances:
(A) to an extent established under subsection
(e) of this section, the district has failed to comply with requirements
related to:
(i) the integrity of assessment
or financial data used to measure performance under TEC, Chapter 39, 39A, or
48, and rules implementing those chapters;
(ii) the reporting of data under TEC, §
48.008, and §
61.1025 of this title;
(iii) other reports required by state or
federal law or court order;
(iv)
awarding high school graduation under TEC, §
28.025; or
(v) any applicable requirement under TEC,
§
7.056(e)(3)(C)-(I);
or
(B) after review
and/or investigation under TEC, §
39.003 or §
39.056, the
commissioner finds:
(i) the district's
programs monitored under §
97.1001 of this title exhibit
serious or persistent deficiencies that require revocation of the district's
accreditation; or
(ii) the district
otherwise exhibits serious or persistent deficiencies that require revocation
of the district's accreditation.
(5) Notwithstanding paragraph (3) of this
subsection, a district's accreditation shall be revoked if the commissioner
determines this action is reasonably necessary to achieve the purposes of TEC,
§
39.051 and §
39.052.
(6) The commissioner's decision to revoke a
district's accreditation may be reviewed under Chapter 157, Subchapter EE, of
this title (relating to Informal Review, Hearing Following Investigation, and
Review by State Office of Administrative Hearings). If, after review, the
decision is sustained, the commissioner shall appoint a management team or
board of managers to bring to closure the district's operation of the public
school.
(7) Issuance of an
accreditation status of Not Accredited-Revoked does not invalidate a diploma
awarded, course credit earned, or grade promotion granted by a school district
before the effective date of the annexation of the
district.
(e) Legal
compliance. In addition to the district's performance as measured by ratings
under §
97.1001 and §
109.1001 of this title, the
accreditation status of a district is determined by its compliance with the
statutes and rules specified in TEC, §
39.052(b)(2).
Notwithstanding satisfactory or above satisfactory performance on other
measures, a district's accreditation status may be assigned based on its legal
compliance alone, to the extent the commissioner determines necessary. In
making this determination, the commissioner:
(1) shall assign the accreditation status
that is reasonably calculated to accomplish the applicable provisions specified
in §
97.1053(a) of
this title;
(2) may impose, but is
not required to impose, an accreditation sanction under this subchapter in
addition to assigning a status under paragraph (1) of this subsection;
and
(3) shall lower the status
assigned and/or impose additional accreditation sanctions as necessary to
achieve compliance with the statutes and rules specified in TEC, §
39.052(b)(2).
(f) Required notification of
Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked status.
(1) A district assigned an accreditation
status of Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked
shall notify the parents of students enrolled in the district and property
owners in the district as specified by this subsection.
(2) The district's notice must contain
information about the accreditation status, the implications of such status,
and the steps the district is taking to address the areas of deficiency
identified by the commissioner. The district's notice shall use the format and
language determined by the commissioner.
(3) Notice under this subsection must:
(A) not later than 30 calendar days after the
accreditation status is assigned, appear on the home page of the district's
website, with a link to the notification required by paragraph (2) of this
subsection, and remain until the district is assigned the Accredited status;
and
(B) appear in a newspaper of
general circulation, as defined in §
97.1051 of this title (relating to
Definitions), in the district for three consecutive days as follows:
(i) from Sunday through Tuesday of the second
week following assignment of the status; or
(ii) if the newspaper is not published from
Sunday through Tuesday, then for three consecutive issues of the newspaper
beginning the second week following assignment of the status;
or
(C) not later than 30
calendar days after the status is assigned, be sent by first class mail
addressed individually to each parent of a student enrolled in the district and
each property owner in the district; or
(D) not later than 30 calendar days after the
status is assigned, be presented as a discussion item in a public meeting of
the board of trustees conducted at a time and location that allows parents of
students enrolled in the district and property owners in the district to attend
and provide public comment.
(4) A district required to act under this
subsection shall send the following to the TEA via certified mail, return
receipt requested:
(A) the universal resource
locator (URL) for the link required by paragraph (3)(A) of this subsection;
and
(B) copies of the notice
required by paragraph (3)(B) of this subsection showing dates of publication,
or a paid invoice showing the notice content and its dates of publication;
or
(C) copies of the notice
required by paragraph (3)(C) of this subsection and copies of all mailing lists
and postage receipts; or
(D) copies
of the notice required by paragraph (3)(D) of this subsection and copies of the
board of trustees meeting notice and minutes for the board meeting in which the
notice was presented and publicly discussed.