85R5756 KKA-F     By: Taylor of Galveston S.B. No. 1211       A BILL TO BE ENTITLED   AN ACT   relating to designation of mathematics innovation zones by the   commissioner of education and to the establishment of pay for   success programs to provide necessary funding.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 28, Education Code, is   amended by adding Section 28.020 to read as follows:          Sec. 28.020.  MATHEMATICS INNOVATION ZONES. (a) The   commissioner may:                 (1)  on application of a school district or   open-enrollment charter school, designate a campus of the district   or school as a mathematics innovation zone; and                (2)  from funds appropriated or donated for purposes of   this section, award a grant to support implementation of innovative   mathematics instruction at the campus in accordance with this   section.          (b)  A campus designated as a mathematics innovation zone   must:                (1)  implement with fidelity an innovative mathematics   instructional program approved by the commissioner for purposes of   this section that addresses the essential knowledge and skills of   the mathematics curriculum required by Section 28.002;                (2)  comply with objectives, metrics, and other   mathematics innovation zone requirements imposed by the   commissioner through rules adopted under Subsection (g); and                (3)  provide all data relating to the mathematics   innovation zone requested by the agency.          (c)  A campus designated as a mathematics innovation zone is   not subject to interventions under the state accountability system   described by Section 39.107(a) or (e) for the first two years of the   designation, provided that the campus implements the instructional   program with fidelity and complies with each mathematics innovation   zone requirement to the satisfaction of the commissioner. The   period that a campus is exempt from interventions as provided by   this subsection is not:                (1)  included in calculating consecutive school years   under Section 39.107(a) or (e); or                (2)  considered a break in consecutive school years of   unacceptable ratings for purposes of determining the need for   intervention under Section 39.107(a) or (e).          (d)  The commissioner may revoke designation of a campus as a   mathematics innovation zone and suspend associated grant funding if   the commissioner determines that the campus has failed to implement   the instructional program with fidelity or comply with any   requirement imposed under this section.          (e)  A school district or open-enrollment charter school may   use a pay for success program approved by the commissioner under   Section 44.904 to pay costs associated with designation of a campus   as a mathematics innovation zone.          (f)  The commissioner may accept gifts, grants, or donations   from any public or private source for purposes of this section.          (g)  The commissioner may adopt rules as necessary to   administer this section.          (h)  A decision or determination by the commissioner under   this section is final and may not be appealed.          SECTION 2.  Subchapter Z, Chapter 44, Education Code, is   amended by adding Section 44.904 to read as follows:          Sec. 44.904.  PAY FOR SUCCESS PROGRAMS. (a) In this   section, "pay for success program" means a program involving   private financing under which payments are dependent on achievement   of measurable outcomes.          (b)  The commissioner may:                (1)  structure and approve pay for success programs for   use by a school district or open-enrollment charter school;                 (2)  evaluate and approve the following participants in   a pay for success program:                      (A)  a private investor;                      (B)  an education service provider; and                      (C)  a third-party evaluator; and                (3)  require an approved participant to comply with the   objectives, metrics, and other pay for success program requirements   prescribed by the commissioner.          (c)  In evaluating a potential participant under Subsection   (b)(2), the commissioner may:                (1)  verify the availability and liquidity of the   investment funds of a private investor;                (2)  evaluate the credentials and effectiveness of an   education service provider; and                (3)  evaluate the credentials and independence of a   third-party evaluator.          (d)  Notwithstanding any other law, a school district or   open-enrollment charter school that uses a pay for success program   approved by the commissioner is not subject to state procurement   requirements that would otherwise apply to the activity funded   through the program.          (e)  The commissioner, the agency, and agency employees are   immune from liability for actions associated with the structuring,   approval, or implementation of a pay for success program.           (f)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 3.  This Act takes effect September 1, 2017.