§ 39.082 — DEVELOPMENT AND IMPLEMENTATION.

Texas § 39.082

• Jurisdiction: Texas
• Code ED: Education Code

Text

Sec. 39.082. DEVELOPMENT AND IMPLEMENTATION. (a) The commissioner shall, in consultation with the comptroller, develop and implement separate financial accountability rating systems for school districts and open-enrollment charter schools in this state that:
(1) distinguish among school districts and distinguish among open-enrollment charter schools, as applicable, based on levels of financial performance;
(2) include procedures to:
(A) provide additional transparency to public education finance; and
(B) enable the commissioner and school district and open-enrollment charter school administrators to provide meaningful financial oversight and improvement; and
(3) include processes for anticipating the future financial solvency of each school district and open-enrollment charter school, including analysis of district and school revenues and expenditures for preceding school years.
(b) The system must include uniform indicators adopted by commissioner rule by which to measure the financial management performance and future financial solvency of a district or open-enrollment charter school. In adopting indicators under this subsection, the commissioner shall assign a point value to each indicator to be used in a scoring matrix developed by the commissioner. Any reference to a teacher in an indicator adopted by the commissioner under this subsection means a classroom teacher.
(c) The system may not include an indicator under Subsection (b) or any other performance measure that:
(1) requires a school district to spend at least 65 percent or any other specified percentage of district operating funds for instructional purposes; or
(2) lowers the financial management performance rating of a school district for failure to spend at least 65 percent or any other specified percentage of district operating funds for instructional purposes.
(c-1) The system may not include an indicator under Subsection (b) or any other performance measure that penalizes a school district for failure to collect the amount of taxes equal to the total amount of tax refunds provided under Section 26.1115 (c), Tax Code.
(d) The commissioner shall evaluate indicators adopted under Subsection (b) at least once every three years.
(e) Under the financial accountability rating system developed under this section, each school district or open-enrollment charter school, as applicable, shall be assigned a financial accountability rating. In adopting rules under this section, the commissioner, in consultation with the comptroller, shall determine the criteria for each designated performance rating.
(e-1) The financial performance of a charter school operated by a public institution of higher education under Subchapter D or E, Chapter 12 , shall be evaluated using only the indicators adopted under this section determined by the commissioner by rule as appropriate to accurately measure the financial performance of such charter schools.
(f) A district or open-enrollment charter school shall receive the lowest rating under the system if the district or school fails to achieve a satisfactory rating on:
(1) an indicator adopted under Subsection (b) relating to financial management or solvency that the commissioner determines to be critical; or
(2) a category of indicators that suggest trends leading to financial distress as determined by the commissioner.
(g) Before assigning a final rating under the system, the commissioner shall assign each district or open-enrollment charter school a preliminary rating. A district or school may submit additional information to the commissioner relating to any indicator on which performance was considered unsatisfactory. The commissioner shall consider any additional information submitted by a district or school before assigning a final rating. If the commissioner determines that the additional information negates the concern raised by the indicator on which performance was considered unsatisfactory, the commissioner may not penalize the district or school on the basis of the indicator.
(h) The commissioner shall adopt rules for the implementation of this section.
(i) Not later than August 8 of each year, the financial accountability rating of each school district and open-enrollment charter school under the financial accountability rating system developed under this section shall be made publicly available as provided by rules adopted under this section.

Legislative History

Amended by: Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3 ), Sec. 59, eff. June 19, 2009. Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5 ), Sec. 49(a), eff. June 10, 2013. Acts 2017, 85th Leg., R.S., Ch. 756 (S.B. 1837 ), Sec. 1, eff. June 12, 2017. Acts 2021, 87th Leg., 2nd C.S., Ch. 12 (S.B. 8 ), Sec. 5, eff. January 1, 2022.