(a) A school district or an open-enrollment charter school may request no later than December 15, 2021, an accountability special evaluation for the 2020-2021 school year for a campus:
  (1) that meets a 95% assessment participation rate threshold for the all students group for all subjects combined for the 2020-2021 school year; and
  (2) to which the most recent overall performance rating assigned, other than a rating of Not Rated, is a D, F, or performance that needs improvement.
(b) Upon request, as provided in subsection (a) of this section, the commissioner of education shall evaluate a campus that meets the requirements of subsection (a)(1) and (2) of this section in:
  (1) the Student Achievement domain of Texas Education Code (TEC), §39.053(c)(1); and
  (2) the School Progress, Part B: Relative Performance domain of TEC, §39.053(c)(2).
(c) The component scores for the Student Achievement domain of TEC, §39.053(c)(1), and School Progress, Part B: Relative Performance domain of TEC, §39.053(c)(2), shall be calculated using scaling methodologies as were adopted in the 2020 Accountability Manual under §97.1001 of this title (relating to Accountability Rating System).
(d) One of the following performance ratings shall be assigned according to the results of the evaluation requested under subsection (b) of this section.
  (1) If the evaluation results in an outcome of A, B, or C by averaging the scaled score of the Student Achievement domain of TEC, §39.053(c)(1), and the scaled score of the School Progress, Part B: Relative Performance domain of TEC, §39.053(c)(2), the campus shall be assigned a performance rating of Acceptable for the 2020-2021 school year.
  (2) If the evaluation results in an outcome of D or F by averaging the scaled score of the Student Achievement domain of TEC, §39.053(c)(1), and the scaled score of the School Progress, Part B: Relative Performance domain of TEC, §39.053(c)(2), the campus shall be assigned a performance rating of Not Rated: Declared State of Disaster for the 2020-2021 school year.
(e) An Acceptable performance rating assigned under subsection (d)(1) of this section is considered a break in consecutive school years of unacceptable performance ratings under TEC, §39.054.
(f) A school district or an open-enrollment charter school may appeal a rating issued under subsection (d)(2) of this section in accordance with TEC, §39.151, and the determination of consecutive school years of unacceptable performance ratings in accordance with TEC, §39.054. For the 2020-2021 school year, such an appeal must be filed with the Texas Education Agency by December 15, 2021.
(g) This section does not apply to an intervention ordered on the basis of consecutive school years of unacceptable performance ratings accrued before the effective date of this section.
(h) This section expires September 1, 2027.

Source Note: The provisions of this §97.1006 adopted to be effective November 14, 2021, 46 TexReg 7605