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.002 (2026)

Authorized Commissioner Actions

✓ current as of May 2026
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Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school district is subject to commissioner action under Section 39A.001, the commissioner may:

(1) issue public notice of the deficiency to the board of trustees of the district;

(2) order a hearing to be conducted by the board of trustees of the district to notify the public of:

(A) the insufficient performance;

(B) the improvements in performance expected by the agency; and

(C) the interventions and sanctions that may be imposed under this subchapter if the performance does not improve;

(3) order the preparation of a student achievement improvement plan that addresses each academic achievement indicator under Section 39.053(c) for which the district's performance is insufficient, the submission of the plan to the commissioner for approval, and the implementation of the plan;

(4) order a hearing to be held before the commissioner or the commissioner's designee at which the president of the board of trustees of the district and the district's superintendent shall appear and explain the district's low performance, lack of improvement, and plans for improvement;

(5) arrange a monitoring review of the district;

(6) appoint an agency monitor to participate in and report to the agency on the activities of the board of trustees of the district or superintendent;

(7) appoint a conservator to oversee the operations of the district;

(8) appoint a management team to direct the operations of the district in areas of insufficient performance or require the district to obtain certain services under a contract with another person;

(9) authorize the district to enter into a memorandum of understanding with an institution of higher education that provides for the assistance of the institution of higher education in improving the district's performance; or

(10) order the use of the board improvement and evaluation tool as provided by Section 11.182.

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

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.025(a), eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.017, eff. September 1, 2021.

Notes of Decisions
Cited in 4 cases, 2020–2020 · leading case: Texas Educ. Agency, & Mike Morath in His Off. Capacity as Comm'r of Educ. v. Shepherd Indep. Sch. Dist. (Tex. App. 2020).
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Texas Educ. Agency, & Mike Morath in His Off. Capacity as Comm'r of Educ. v. Shepherd Indep. Sch. Dist. (Tex. App. 2020). “To preserve the status quo while the Court considers the motion for temporary order, pending further order of this Court, we temporarily order the following emergency relief and enjoin appellants from (1) installing a board of managers in Shepherd ISD and (2) appointing a…”
Texas Educ. Agency, & Mike Morath in His Off. Capacity as Comm'r of Educ. v. Shepherd Indep. Sch. Dist. (Tex. App. 2020). “We vacate this Court’s March 9, 2020 order that enjoined appellants from installing a board of managers in Shepherd ISD and appointing a conservator under Texas Education Code § 39A.002. We vacate the trial court’s January 9, 2020 order denying defendants’ plea to the…”
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. App. 2020). “” Tex. Educ. Code § 39A.002(7). A school district is “subject to commissioner action under Section 39A.”
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. App. 2020). “See Tex. Educ. Code § 39A.002(7). In light of the Commissioner’s authorized decision to appoint Delaney as a district-wide conservator 7 based on the SAI, as a matter of law HISD is not entitled to any prospective relief enjoining her statutorily authorized powers.”
— Tex. Educ. Code § 39A.002(7) — 2 cases
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. App. 2020). “” Tex. Educ. Code § 39A.002(7). A school district is “subject to commissioner action under Section 39A.”
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. App. 2020). “See Tex. Educ. Code § 39A.002(7). In light of the Commissioner’s authorized decision to appoint Delaney as a district-wide conservator 7 based on the SAI, as a matter of law HISD is not entitled to any prospective relief enjoining her statutorily authorized powers.”
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