Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE H. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY · CHAPTER 39A. ACCOUNTABILITY INTERVENTIONS AND SANCTIONS
Texas Codes

Tex. Educ. Code § 39A.001 (2026)

Grounds For Commissioner Action

✓ current as of May 2026
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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.

Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.001, eff. September 1, 2017.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.08, eff. September 1, 2021.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2023–2025 · leading case: Tolman v. Brownsville Indep. Sch. Dist. (S.D. Tex. 2025).
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the Texas Educ. Agency Mike Morath, Comm'r of Educ. in His Off. Capacity & Doris Delaney, in Her Off. Capacity v. Houston Indep. Sch. Dist. (Tex. 2023). “42 Tex. Educ. Code § 39A.001(2). 17 In addition to these, the commissioner shall appoint a board of managers or order closure of the campus if “a campus is considered to have an unacceptable performance rating for five consecutive school years.”
Certain Underwriters at Lloyd's, London v. Edcouch Elsa Indep. Sch. Dist. (S.D.N.Y. 2024). “Tex Educ. Code § 39A.001(1). When districts miss these standards, Texas’s Commissioner of Education can take corrective action, including to “appoint a conservator to oversee the operations of the district”; “appoint a management team to direct the operations of the district in…”
Tolman v. Brownsville Indep. Sch. Dist. (S.D. Tex. 2025). “4th at 184 (citing TEX. EDUC. CODE § 39A.001 (subjecting school districts to state accreditation and academic performance financial accountability standards); § 39A.”
— Tex. Educ. Code § 39A.001(1) — 1 case
Certain Underwriters at Lloyd's, London v. Edcouch Elsa Indep. Sch. Dist. (S.D.N.Y. 2024). “Tex Educ. Code § 39A.001(1). When districts miss these standards, Texas’s Commissioner of Education can take corrective action, including to “appoint a conservator to oversee the operations of the district”; “appoint a management team to direct the operations of the district in…”
— Tex. Educ. Code § 39A.001(2) — 1 case
the Texas Educ. Agency Mike Morath, Comm'r of Educ. in His Off. Capacity & Doris Delaney, in Her Off. Capacity v. Houston Indep. Sch. Dist. (Tex. 2023). “42 Tex. Educ. Code § 39A.001(2). 17 In addition to these, the commissioner shall appoint a board of managers or order closure of the campus if “a campus is considered to have an unacceptable performance rating for five consecutive school years.”
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