Bill Summary – FastDemocracy

         
		By: Shaheen
            H.B. No. 208
         
Statutes affected: 
Introduced: Education Code 39.003 (Education Code 39)

               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the appointment of an inspector general for education 
         
            and the creation of a division of inspector general for education in 
         
            the governor's office to investigate the administration of public 
         
            education.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 39.003(a), Education Code, is amended to 
         
            read as follows:
         
                   (a)  The commissioner may authorize special investigations 
         
            to be conducted:
         
                         (1)  when excessive numbers of absences of students 
         
            eligible to be tested on state assessment instruments are 
         
            determined;
         
                         (2)  when excessive numbers of allowable exemptions 
         
            from the required state assessment instruments are determined;
         
                         (3)  in response to complaints submitted to the agency 
         
            with respect to alleged violations of civil rights or other 
         
            requirements imposed on the state by federal law or court order;
         
                         (4)  in response to established compliance reviews of 
         
            the district's financial accounting practices and state and federal 
         
            program requirements;
         
                         (5)  when extraordinary numbers of student placements 
         
            in disciplinary alternative education programs, other than 
         
            placements under Sections 37.006 and 37.007, are determined;
         
                         (6)  in response to an allegation involving a conflict 
         
            between members of the board of trustees or between the board and 
         
            the district administration if it appears that the conflict 
         
            involves a violation of a role or duty of the board members or the 
         
            administration clearly defined by this code;
         
                         (7)  when excessive numbers of students in special 
         
            education programs under Subchapter A, Chapter 29, are assessed 
         
            through assessment instruments developed or adopted under Section 
         
            39.023(b);
         
                         (8)  in response to an allegation regarding or an 
         
            analysis using a statistical method result indicating a possible 
         
            violation of an assessment instrument security procedure 
         
            established under Section 39.0301, including for the purpose of 
         
            investigating or auditing a school district under that section;
         
                         (9)  when a significant pattern of decreased academic 
         
            performance has developed as a result of the promotion in the 
         
            preceding two school years of students who did not perform 
         
            satisfactorily as determined by the commissioner under Section 
         
            39.0241(a) on assessment instruments administered under Section 
         
            39.023(a), (c), or (1);
         
                         (10)  when excessive numbers of students eligible to 
         
            enroll fail to complete an Algebra II course or any other advanced 
         
            course as determined by the commissioner;
         
                         (11)  when resource allocation practices as evaluated 
         
            under Section 39.0821 indicate a potential for significant 
         
            improvement in resource allocation;
         
                         (12)  when a disproportionate number of students of a 
         
            particular demographic group is graduating with a particular 
         
            endorsement under Section 28.025(c-1);
         
                         (13)  when an excessive number of students is 
         
            graduating with a particular endorsement under Section 
         
            28.025(c-1);
         
                         (14)  in response to a complaint submitted to the 
         
            agency with respect to alleged inaccurate data that is reported 
         
            through the Public Education Information Management System (PEIMS) 
         
            or through other reports required by state or federal law or rule or 
         
            court order and that is used by the agency to make a determination 
         
            relating to public school accountability, including accreditation, 
         
            under this chapter;
         
                         (15)  when 10 percent or more of the students 
         
            graduating in a particular school year from a particular high 
         
            school campus are awarded a diploma based on the determination of an 
         
            individual graduation committee under Section 28.0258;
         
                         (16)  when a school district for any reason fails to 
         
            produce, at the request of the agency, evidence or an investigation 
         
            report relating to an educator who is under investigation by the 
         
            State Board for Educator Certification; [or]
         
                         (17)  by the division of inspector general for 
         
            education established under Chapter 452, Government Code, for the 
         
            purpose of investigating:
         
                               (A)  allegations of fraud, waste, and abuse in the



	A BILL TO BE ENTITLED
	AN ACT
	relating to the appointment of an inspector general for education
	and the creation of a division of inspector general for education in
	the governor's office to investigate the administration of public
	education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 39.003(a), Education Code, is amended to
	read as follows:
	(a) The commissioner may authorize special investigations
	to be conducted:
	(1) when excessive numbers of absences of students
	eligible to be tested on state assessment instruments are
	determined;
	(2) when excessive numbers of allowable exemptions
	from the required state assessment instruments are determined;
	(3) in response to complaints submitted to the agency
	with respect to alleged violations of civil rights or other
	requirements imposed on the state by federal law or court order;
	(4) in response to established compliance reviews of
	the district's financial accounting practices and state and federal
	program requirements;
	(5) when extraordinary numbers of student placements
	in disciplinary alternative education programs, other than
	placements under Sections 37.006 and 37.007, are determined;
	(6) in response to an allegation involving a conflict
	between members of the board of trustees or between the board and
	the district administration if it appears that the conflict
	involves a violation of a role or duty of the board members or the
	administration clearly defined by this code;
	(7) when excessive numbers of students in special
	education programs under Subchapter A, Chapter 29, are assessed
	through assessment instruments developed or adopted under Section
	39.023(b);
	(8) in response to an allegation regarding or an
	analysis using a statistical method result indicating a possible
	violation of an assessment instrument security procedure
	established under Section 39.0301, including for the purpose of
	investigating or auditing a school district under that section;
	(9) when a significant pattern of decreased academic
	performance has developed as a result of the promotion in the
	preceding two school years of students who did not perform
	satisfactorily as determined by the commissioner under Section
	39.0241(a) on assessment instruments administered under Section
	39.023(a), (c), or (1);
	(10) when excessive numbers of students eligible to
	enroll fail to complete an Algebra II course or any other advanced
	course as determined by the commissioner;
	(11) when resource allocation practices as evaluated
	under Section 39.0821 indicate a potential for significant
	improvement in resource allocation;
	(12) when a disproportionate number of students of a
	particular demographic group is graduating with a particular
	endorsement under Section 28.025(c-1);
	(13) when an excessive number of students is
	graduating with a particular endorsement under Section
	28.025(c-1);
	(14) in response to a complaint submitted to the
	agency with respect to alleged inaccurate data that is reported
	through the Public Education Information Management System (PEIMS)
	or through other reports required by state or federal law or rule or
	court order and that is used by the agency to make a determination
	relating to public school accountability, including accreditation,
	under this chapter;
	(15) when 10 percent or more of the students
	graduating in a particular school year from a particular high
	school campus are awarded a diploma based on the determination of an
	individual graduation committee under Section 28.0258;
	(16) when a school district for any reason fails to
	produce, at the request of the agency, evidence or an investigation
	report relating to an educator who is under investigation by the
	State Board for Educator Certification; [or]
	(17) by the division of inspector general for
	education established under Chapter 452, Government Code, for the
	purpose of investigating:
	(A) allegations of fraud, waste, and abuse in the