89R5299 AMF-D     By: Leo Wilson H.B. No. 2866       A BILL TO BE ENTITLED   AN ACT   relating to public school accountability and actions and other   proceedings challenging the operations of the public school system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.057, Education Code, is amended by   amending Subsection (d) and adding Subsection (d-1) to read as   follows:          (d)  A person aggrieved by an action of the agency or   decision of the commissioner under this section may appeal to a   district court in Travis County. An appeal must be made by serving   the commissioner with citation issued and served in the manner   provided by law for civil suits. The petition must state the action   or decision from which the appeal is taken. At trial, the court   shall determine all issues of law and fact, except as provided by   Section 33.081(g).          (d-1)  Notwithstanding Subsection (d), a school district may   make an appeal under that subsection only if the district is   aggrieved by a decision of the commissioner.          SECTION 2.  Section 11.182(b), Education Code, is amended to   read as follows:          (b)  A board of trustees may determine whether to use the   evaluation tool, except as required by Section 39A.002 [39.102(a)].          SECTION 3.  Section 39.023(a-11), Education Code, is amended   to read as follows:          (a-11)  Before an assessment instrument adopted or developed   under Subsection (a) may be administered under that subsection, the   assessment instrument must, on the basis of empirical evidence, be   determined to be valid and reliable by an entity that is, as   determined by the commissioner, independent of the agency and of   any other entity that developed the assessment instrument.          SECTION 4.  Section 39.054(b-1), Education Code, is   transferred to Section 39.052, Education Code, redesignated as   Section 39.052(b-1), Education Code, and amended to read as   follows:          (b-1)  Consideration of the effectiveness of district   programs under Subsection (b)(2)(B) [Section 39.052(b)(2)(B)] or   (C):                (1)  must:                      (A)  be based on data collected through the Public   Education Information Management System (PEIMS) for purposes of   accountability under this chapter; and                      (B)  include the results of assessments required   under Section 39.023; and                (2)  may be based on the results of a special   investigation conducted under Section 39.003.          SECTION 5.  Section 39.053, Education Code, is amended by   amending Subsections (a), (c), and (f) and adding Subsections   (c-4), (f-1), (f-2), (f-3), and (f-4) to read as follows:          (a)  The commissioner shall adopt a set of indicators of the   quality of learning and achievement, including the indicators under   Subsection (c). The commissioner periodically shall review the   indicators for the consideration of appropriate revisions and may,   if the commissioner determines an indicator otherwise required   under this subchapter is not valid or reliable, exclude the   indicator from the set of indicators adopted under this section.          (c)  School districts and campuses must be evaluated based on   three domains of indicators of achievement adopted under this   section that include:                (1)  in the student achievement domain, indicators of   student achievement that must include:                      (A)  for evaluating the performance of districts   and campuses generally:                            (i)  an indicator that accounts for the   results of assessment instruments required under Sections   39.023(a), (c), and (l), as applicable for the district and campus,   including the results of assessment instruments required for   graduation retaken by a student, aggregated across grade levels by   subject area, including:                                  (a)  for the performance standard   determined by the commissioner under Section 39.0241(a), the   percentage of students who performed satisfactorily on the   assessment instruments, aggregated across grade levels by subject   area; and                                  (b)  for the college readiness   performance standard as determined under Section 39.0241, the   percentage of students who performed satisfactorily on the   assessment instruments, aggregated across grade levels by subject   area; and                            (ii)  an indicator that accounts for the   results of assessment instruments required under Section   39.023(b), as applicable for the district and campus, including the   percentage of students who performed satisfactorily on the   assessment instruments, as determined by the performance standard   adopted by the agency, aggregated across grade levels by subject   area; and                      (B)  for evaluating the performance of high school   campuses and districts that include high school campuses,   indicators that account for:                            (i)  students who satisfy the Texas Success   Initiative (TSI) college readiness benchmarks prescribed by the   Texas Higher Education Coordinating Board under Section 51.334 on   an assessment instrument in reading or mathematics designated by   the coordinating board under that section;                            (ii)  students who satisfy relevant   performance standards on advanced placement tests or similar   assessments;                            (iii)  students who earn dual course credits   in the dual credit courses;                            (iv)  students who demonstrate military   readiness:                                  (a)  through verified enlistment   [enlist] in the armed forces of the United States or the Texas   National Guard; or                                  (b)  by achieving a passing score set   by the commissioner on the Armed Services Vocational Aptitude   Battery Test and successfully completing a Junior Reserve Officer   Training Corps program;                            (v)  students who earn industry   certifications;                            (vi)  students admitted into postsecondary   industry certification programs that require as a prerequisite for   entrance successful performance at the secondary level;                            (vii)  students whose successful completion   of a course or courses under Section 28.014 indicates the student's   preparation to enroll and succeed, without remediation, in an   entry-level general education course for a baccalaureate degree or   associate degree;                            (viii)  students who successfully met   standards on a composite of indicators that through research   indicates the student's preparation to enroll and succeed, without   remediation, in an entry-level general education course for a   baccalaureate degree or associate degree;                            (ix)  high school graduation rates, computed   in accordance with standards and definitions adopted in compliance   with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)   subject to the exclusions provided by Subsections (g), (g-1),   (g-2), (g-3), and (g-4);                            (x)  students who successfully completed an   OnRamps dual enrollment course;                            (xi)  students who successfully completed a   practicum or internship approved by the State Board of Education;                            (xii)  students who are awarded an associate   degree; and                            (xiii)  students who successfully completed   a program of study in career and technical education;                (2)  in the school progress domain, indicators for   effectiveness in promoting student learning, which must include:                      (A)  for assessment instruments, including   assessment instruments under Subdivisions (1)(A)(i) and (ii), the   percentage of students who met the standard for improvement, as   determined by the commissioner; and                      (B)  for evaluating relative performance, the   performance of districts and campuses compared to similar districts   or campuses; and                (3)  in the closing the gaps domain, the use of   disaggregated data to demonstrate the differentials among students   from different racial and ethnic groups, socioeconomic   backgrounds, and other factors, including:                      (A)  students formerly receiving special   education services;                      (B)  students continuously enrolled; and                      (C)  students who are mobile.          (c-4)  The agency shall study the college, career, and   military readiness indicators adopted under Subsection (c) to   determine the correlation of each indicator with postsecondary   success, including the correlation of industry certifications with   wages and available jobs. The value assigned to each indicator must   be:                (1)  based on the strength of the indicator's   correlation with successful outcomes; and                (2)  updated in accordance with Subsection (f-1).          (f)  Annually, the commissioner shall define and may modify   the state standards [standard for the current school year] for each   [achievement] indicator adopted under this subchapter in   [section.  In] consultation with educators, parents, and business   and industry representatives, as necessary. The [, the]   commissioner shall increase the rigor by which the commissioner   determines the overall performance ratings under Section 39.054(a)   [establish and modify standards] to continuously improve student   performance to, not later than the 15th year after the date the   commissioner initially modifies the performance standards under   Subsection (f-1), achieve the goals of:                (1)  eliminating achievement gaps based on race,   ethnicity, and socioeconomic status; and                (2)  ensuring [to ensure] this state ranks nationally   [is a national leader] in the top five states in preparing students   for postsecondary success and on the National Assessment of   Educational Progress or its successor assessment.          (f-1)  Beginning with the indicators adopted for the   2027-2028 school year and as required to meet the goals under   Subsection (f), the commissioner shall increase the scores needed   to achieve performance standards on indicators adopted under this   subchapter only every fifth school year unless an indicator adopted   under Subsection (c) requires adjustment before that school year to   ensure consistency of performance standards.          (f-2)  To the extent practicable, for each of the two school   years preceding a school year the commissioner increases a score   under Subsection (f-1), the commissioner shall report, in a manner   that can be reviewed by school administrators, the overall   performance of school districts and campuses under that increased   score.          (f-3)  In reporting the performance of school districts and   campuses on indicators adopted under this subchapter for a school   year in which the score needed to achieve performance standards on   one or more of those indicators was increased under Subsection   (f-1), the commissioner shall include in the report an   informational report on the performance of districts and campuses   during the preceding school year under the increased score.          (f-4)  Notwithstanding Subsection (f), the commissioner may   define state standards for an indicator adopted under this   subchapter for multiple school years provided that the commissioner   annually affirms that those standards are applicable to the current   school year.          SECTION 6.  Subchapter C, Chapter 39, Education Code, is   amended by adding Section 39.0531 to read as follows:          Sec. 39.0531.  INDUSTRY CERTIFICATION LIST.  (a)  The agency   shall maintain a list of industry certifications that are eligible   for purposes of Section 39.053(c)(1)(B)(v). In developing the   list, the agency shall consider the inventory of   industry-recognized certifications developed under Section   312.003, Labor Code.  The certifications must:                (1)  be aligned to a program of study that, according to   labor market data, prepares students for high-wage, high-skill,   in-demand occupations;                (2)  allow students to demonstrate mastery of the   skills required for occupations within an approved program of   study; and                (3)  be obtained through an assessment of the knowledge   and skills provided by or determined by an independent, third-party   certifying entity using predetermined standards for knowledge,   skills, and competencies.          (b)  The agency shall review the eligibility of industry   certifications under Subsection (a), including whether the   programs of study for those certifications still meet the   requirements under that subsection:                (1)  in consultation with the advisory council   established under Chapter 312, Labor Code; and                (2)  to the extent practicable, concurrently with the   modification of performance standards under Section 39.053(f-1).          (c)  If, after reviewing an industry certification under   Subsection (b), the agency determines the certification is no   longer eligible for purposes of Section 39.053(c)(1)(B)(v) and   should be removed from the list maintained under Subsection (a),   the agency shall, to the extent practicable, post on the agency's   Internet website information regarding the removal of the   certification not later than two years before the date the agency   intends to remove the certification from the list.          SECTION 7.  Section 39.054, Education Code, is amended by   amending Subsections (a), (a-3), (a-4), (a-5), and (b) and adding   Subsections (a-6), (c), and (d) to read as follows:          (a)  Except as provided by Subsection (a-4), the   commissioner shall adopt rules to evaluate school district and   campus performance and, each school year, assign each district and   campus an overall performance rating of A, B, C, D, or F. In   addition to the overall performance rating, each school year, the   commissioner shall assign each district and campus a separate   domain performance rating of A, B, C, D, or F for each domain under   Section 39.053(c). An overall or domain performance rating of A   reflects exemplary performance. An overall or domain performance   rating of B reflects recognized performance. An overall or domain   performance rating of C reflects acceptable performance. An   overall or domain performance rating of D reflects performance that   needs improvement. An overall or domain performance rating of F   reflects unacceptable performance. A district may not receive an   overall or domain performance rating of A if the district includes   any campus with a corresponding overall or domain performance   rating of D or F. If a school district has been approved under   Section 39.0544 to assign campus performance ratings and the   commissioner has not assigned a campus an overall performance   rating of D or F, the commissioner shall assign the campus an   overall performance rating based on the school district assigned   performance rating under Section 39.0544.          (a-3)  Except as provided by Subsection (c), not [Not] later   than August 15 of each year, the following information shall be made   publicly available as provided by rules adopted under this     section:                (1)  the performance ratings for each school district   and campus; and                (2)  if applicable, the number of consecutive school   years of unacceptable performance ratings for each district and   campus.          (a-4)  Notwithstanding any other law and except as provided   by Subsection (a-6), the commissioner may assign a school district   or campus an overall performance rating of "Not Rated" if the   commissioner determines that the assignment of a performance rating   of A, B, C, D, or F would be inappropriate because:                (1)  the district or campus is located in an area that   is subject to a declaration of a state of disaster under Chapter   418, Government Code, and due to the disaster, performance   indicators for the district or campus are difficult to measure or   evaluate and would not accurately reflect quality of learning and   achievement for the district or campus;                (2)  the district or campus has experienced breaches or   other failures in data integrity to the extent that accurate   analysis of data regarding performance indicators is not possible;                (3)  the number of students enrolled in the district or   campus is insufficient to accurately evaluate the performance of   the district or campus; or                (4)  for other reasons outside the control of the   district or campus, the performance indicators would not accurately   reflect quality of learning and achievement for the district or   campus.          (a-5)  Notwithstanding any other law, an overall performance   rating of "Not Rated" is not included in calculating consecutive   school years of unacceptable performance ratings and is not   considered a break in consecutive school years of unacceptable   performance ratings for purposes of any provision of this code. Any   interventions or sanctions to which a school district or campus is   subject under Chapter 39A shall continue during a period in which   the district or campus is assigned an overall performance rating of   "Not Rated."           (a-6)  The commissioner may not assign an overall   performance rating of "Not Rated" to all school districts on a   statewide basis.           (b)  For purposes of assigning school districts and campuses   an overall and a domain performance rating under Subsection (a),   the commissioner shall, to the extent practicable, ensure that the   method used to evaluate performance is implemented in a manner that   provides the mathematical possibility that all districts and   campuses receive an A rating.          (c)  The commissioner shall make the information under   Subsection (a-3) available as soon as reasonably possible in years   in which the standards are modified or recalibrated or in which a   new assessment instrument is offered.          (d)  Failure to assign a performance rating to a school   district or campus before the deadline provided by Subsection (a-3)   does not invalidate the performance rating assigned to the district   or campus or any resulting intervention or sanction imposed on the   district or campus.          SECTION 8.  Section 39.0541, Education Code, is amended to   read as follows:          Sec. 39.0541.  ADOPTION OF INDICATORS AND STANDARDS.  The   commissioner may adopt indicators and standards under this   subchapter at any time [during a school year] before issuing the   evaluation of a school district or campus.          SECTION 9.  Section 39.0542, Education Code, is amended by   amending Subsection (a) and adding Subsection (d) to read as   follows:          (a)  The [Each school year, the] commissioner shall provide   each school district a document in a simple, accessible format that   explains the accountability performance measures, methods, and   procedures that will be applied [for that school year] in assigning   each school district and campus a performance rating under Section   39.054.          (d)  Failure to provide the document described by Subsection   (a) does not prevent the assignment of performance ratings under   Section 39.054 and may not be the basis of a challenge to a   performance rating assigned under that section.          SECTION 10.  Section 39.151(e), Education Code, is amended   to read as follows:          (e)  A school district or open-enrollment charter school may   not challenge on any basis, including a lack of commissioner or   agency authority, an agency decision relating to an academic or   financial accountability rating under this chapter, including a   decision relating to a determination of consecutive school years of   unacceptable performance ratings, in another proceeding unless    [if] the district or school has exhausted the district's or school's   remedies [had an opportunity to challenge the decision] under this   section.          SECTION 11.  Section 39.201(a), Education Code, is amended   to read as follows:          (a)  The [Not later than August 8 of each year, the]   commissioner shall award distinction designations for outstanding   performance as provided by this subchapter concurrently with the   assignment of performance ratings under Section 39.054. A   distinction designation awarded to a district or campus under this   subchapter shall be referenced directly in connection with the   performance rating assigned to the district or campus and made   publicly available together with the performance ratings as   provided by rules adopted under Section 39.054 [39.054(a)].          SECTION 12.  Subchapter H, Chapter 39, Education Code, is   amended by adding Section 39.231 to read as follows:          Sec. 39.231.  LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) From   money appropriated or otherwise available for the purpose, the   agency shall establish a grant program with capacity to assist at   least one school district per education service center region in   developing a local accountability system that complies with the   requirements of Section 39.0544.          (b)  The commissioner shall adopt rules to implement this   section.          SECTION 13.  Section 39A.001, Education Code, is amended to   read as follows:          Sec. 39A.001.  GROUNDS FOR COMMISSIONER ACTION. The   commissioner shall take any of the actions authorized by this   subchapter to the extent the commissioner determines necessary if:                (1)  a school district does not satisfy:                      (A)  the accreditation criteria under Section   39.052;                      (B)  the academic performance standards under   Section 39.053 or 39.054; or                      (C)  any financial accountability standard as   determined by commissioner rule; [or]                (2)  the commissioner considers the action to be   appropriate on the basis of a special investigation under Section   39.003; or                (3)  a school district initiates or maintains an action   or proceeding against the state or an agency or officer of the   state.          SECTION 14.  Subchapter A, Chapter 39A, Education Code, is   amended by adding Section 39A.008 to read as follows:          Sec. 39A.008.  INTERVENTION RELATED TO SCHOOL DISTRICT OR   OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE.     (a)  This section applies to a school district or open-enrollment   charter school subject to commissioner action under Section   39A.001(3).          (b)  The commissioner shall appoint a conservator to a school   district or open-enrollment charter school to which this section   applies.          (c)  The conservator appointed under Subsection (b) shall   require the school district or open-enrollment charter school to   demonstrate, by a deadline established by the conservator, that the   district or school is in compliance with Sections 45.105(c-1) and   45.1051.  If the conservator determines that the district or school   is not in compliance with those sections, the conservator shall   order the district or school to, as applicable:                (1)  withdraw from the action or proceeding; or                (2)  take the necessary actions to come into compliance   with Section 45.1051.          (d)  If a school district or open-enrollment charter school   fails to comply with an order by the conservator by the deadline   established by the conservator, the commissioner may:                (1)  for a school district, appoint a board of managers   to oversee the operations of the district; or                (2)  for an open-enrollment charter school, order   reconstitution of the school's governing board.          SECTION 15.  Subchapter Z, Chapter 39A, Education Code, is   amended by adding Sections 39A.908 and 39A.909 to read as follows:          Sec. 39A.908.  INTERVENTIONS AND SANCTIONS WHILE ASSIGNMENT   OF PERFORMANCE RATINGS ENJOINED. (a)  Notwithstanding any other   law, during a period in which the agency is enjoined from assigning   performance ratings to a school district, open-enrollment charter   school, or district or school campus, any previously imposed   interventions or sanctions to which the district, school, or campus   is subject shall continue throughout that period.          (b)  As soon as practicable after the dissolution of an   injunction described by Subsection (a), the agency shall:                (1)  assign performance ratings for each school year   and to each school district, open-enrollment charter school, and   district or school campus for which the agency was enjoined from   assigning performance ratings; and                (2)  as applicable, impose any appropriate   interventions or sanctions authorized under this chapter based on   the ratings assigned under Subdivision (1).          (c)  Notwithstanding any other law, if the agency is   permanently enjoined from assigning performance ratings to a school   district, open-enrollment charter school, or district or school   campus for a school year, the agency shall consider the district,   school, or campus to have received a "Not Rated" rating for that   school year for purposes of:                (1)  calculating consecutive years of performance; and                (2)  determining whether to impose an intervention or   sanction authorized under this chapter.          (d)  To ensure the expeditious implementation of   interventions or sanctions under this chapter, the agency may   modify or waive a deadline or time frame required by law or agency   rule applicable to the assignment of performance ratings for a   school year for which the agency was enjoined from assigning   performance ratings.          (e)  Except as provided by Subsection (f) and Section   39A.909, the agency shall impose an intervention or sanction   described by Subsection (b)(2) or (c)(2) as required by law unless   the intervention or sanction, as determined by the commissioner:                (1)  has been superseded by a subsequent intervention   or sanction; or                (2)  may be removed based on the subsequent performance   of a school district, open-enrollment charter school, or district   or school campus.          (f)  The commissioner shall impose an intervention described   by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a   school district, open-enrollment charter school, or district or   school campus if the district, school, or campus would have been   subject to commissioner action under the applicable section based   on the performance rating of the district, school, or campus for a   school year for which the agency was enjoined from assigning   performance ratings, regardless of the performance of the district,   school, or campus in a subsequent school year.          (g)  The commissioner shall revoke a charter holder's   charter for an open-enrollment charter school for which the charter   holder received a charter renewal based on the absence of a   performance rating for a school year for which the agency was   enjoined from assigning a performance rating if, after the   assignment of performance ratings for that year, the charter would   not have been renewed under Section 12.1141(d), regardless of the   performance of the school in a subsequent school year.          Sec. 39A.909.  INTERVENTIONS OR SANCTIONS RELATED TO   2022-2023 OR 2023-2024 SCHOOL YEAR PERFORMANCE RATINGS.  (a)  The   commissioner shall appoint a board of managers to govern a school   district or open-enrollment charter school as provided by Section   39A.202 if the district or school:                (1)  brought or joined an action or proceeding to   prevent the implementation of the public school accountability   system under Chapter 39 for the 2022-2023 or 2023-2024 school year;   and                (2)  includes a campus that, based on the campus's   performance rating for the school year in which the district or   school brought or joined the action or proceeding described by   Subdivision (1), would have been subject to commissioner action   under Section 39A.111.          (b)  Notwithstanding any other law, the commissioner shall   impose an intervention described by Section 39A.107(c) on a school   district or open-enrollment charter school if the district or   school:                (1)  brought or joined an action or proceeding to   prevent the implementation of the public school accountability   system under Chapter 39 for the 2022-2023 or 2023-2024 school year;   and                (2)  includes a campus that, based on the campus's   performance rating for the school year in which the district or   school brought or joined the action or proceeding described by   Subdivision (1), would have constituted the second, third, or   fourth consecutive year of unacceptable performance.          (c)  The commissioner shall impose an intervention described   by Section 12.115(c), 39A.004, or 39A.111, as applicable, on a   school district, open-enrollment charter school, or district or   school campus if the district, school, or campus would have been   subject to commissioner action under the applicable section based   on the performance rating of the district, school, or campus for the   2022-2023 or 2023-2024 school year, regardless of the performance   of the district, school, or campus in a subsequent school year.          (d)  The commissioner shall revoke a charter holder's   charter for an open-enrollment charter school for which the charter   holder received a charter renewal based on the absence of a   performance rating for the 2022-2023 or 2023-2024 school year if,   after the assignment of performance ratings for those years, the   charter would not have been renewed under Section 12.1141(d),   regardless of the performance of the school in a subsequent school   year.          SECTION 16.  Section 45.105(c-1), Education Code, is amended   to read as follows:          (c-1)  Notwithstanding any other law, federal, state, or   local funding, including funding under Chapters 46, 48, and 49,   [Funds described by Subsection (c)] may not be used to initiate or   maintain any action or proceeding against the state or an agency or   officer of the state, including an action or proceeding that   includes a claim of ultra vires conduct [arising out of a decision,   order, or determination that is final and unappealable under a   provision of this code], except that funds may be used for an action   or proceeding that is specifically authorized by a provision of   this code or by Section 2001.038, Government Code [a rule adopted   under this code and that results in a final and unappealable   decision, order, or determination].          SECTION 17.  Subchapter E, Chapter 45, Education Code, is   amended by adding Section 45.1051 to read as follows:          Sec. 45.1051.  LIMITATION ON ATTORNEY PAYMENTS FOR CERTAIN   ACTIONS. (a) If a claimant brings an action against the agency,   the State Board of Education, or the State Board for Educator   Certification or an agent or officer of those entities that alleges   ultra vires conduct by the entity or an agent or officer of the   entity, the claimant must deposit all payments relating to the   action made to the claimant's attorney in an escrow account. The   claimant may use money deposited in the escrow account to pay the   claimant's attorney only:                (1)  after:                      (A)  a final judgment is rendered; and                      (B)  all appeals are fully resolved; and                (2)  if the claimant prevails in the action.          (b)  A claimant shall provide money deposited in an escrow   account under this section that may not be paid to a claimant's   attorney under Subsection (a) after the rendering of a final   judgment and the resolution of all appeals to the state for deposit   in the foundation school fund.          (c)  This section may not be interpreted to authorize an   action not otherwise authorized by law.          SECTION 18.  Section 22A.001(a), Government Code, is amended   to read as follows:          (a)  The attorney general may petition the chief justice of   the supreme court to convene a special three-judge district court   in any suit filed in a district court in this state in which this   state or a state officer or agency is a defendant in a claim that:                (1)  challenges the finances or operations of this   state's public school system, including challenges to the   implementation of the public school accountability system under   Chapter 39, Education Code; or                (2)  involves the apportionment of districts for the   house of representatives, the senate, the State Board of Education,   or the United States Congress, or state judicial districts.          SECTION 19.  The heading to Section 312.003, Labor Code, is   amended to read as follows:          Sec. 312.003.  INVENTORY OF CERTIFICATIONS [CREDENTIALS AND   CERTIFICATES].          SECTION 20.  Sections 312.003(a), (b), (c), and (d), Labor   Code, are amended to read as follows:          (a)  The advisory council shall develop an inventory of   industry-recognized certifications [credentials and certificates]   that may be earned by a public high school student through a career   and technology education program and that:                (1)  are aligned to state and regional workforce needs;   [and]                (2)  serve as an entry point to middle- and high-wage   jobs; and                (3)  meet the requirements of Section 39.0531(a),   Education Code.          (b)  The inventory must include for each certification   [credential or certificate]:                (1)  the associated career cluster;                (2)  the awarding entity;                (3)  the level of education required and any additional   requirements for the certification [credential or certificate];                (4)  any fees for obtaining the certification   [credential or certificate]; and                (5)  the average wage or salary for jobs that require or   prefer the certification [credential or certificate].          (c)  In developing the inventory, the advisory council may   consult with local workforce boards, the Texas Workforce Investment   Council, the Texas Economic Development and Tourism Office, the   Texas Education Agency, and the Texas Higher Education Coordinating   Board.          (d)  The advisory council shall establish a process for   developing the inventory, including the criteria for the inclusion   of a certification [credential or certificate] in the inventory.          SECTION 21.  Section 15, Chapter 925 (S.B. 1566), Acts of the   85th Legislature, Regular Session, 2017, which amended Section   39.102(a), Education Code, is repealed.          SECTION 22.  The changes in law made by Sections   39.023(a-11), 39.053(a), 39.054, 39.0541, and 39.0542, Education   Code, as amended by this Act, apply to an action or determination   related to public school accountability and accountability ratings   beginning with the 2022-2023 school year, regardless of whether the   action or determination occurred before, on, or after the effective   date of this Act.          SECTION 23.  The changes in law made by Section 39.053,   Education Code, as amended by this Act, and Section 39.0531,   Education Code, as added by this Act, apply to accountability   ratings beginning with the 2027-2028 school year.          SECTION 24.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.