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.111 (2026)

Continued Unacceptable Performance Rating

✓ laws through the 89th Legislature (2025)
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Sec. 39A.111. CONTINUED UNACCEPTABLE PERFORMANCE RATING. If a campus is considered to have an unacceptable performance rating for five consecutive school years, the commissioner, subject to Section 39A.112, shall order:

(1) appointment of a board of managers to govern the school district as provided by Section 39A.202; or

(2) closure of the campus.

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. 2.18, eff. September 1, 2021.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2020–2023 · leading case: Texas Educ. Agency Mike Morath v. Houston Indep. Sch. Dist., No. 03-20-00025-CV (Tex. App.—Austin Dec. 30, 2020).
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Texas Educ. Agency Mike Morath v. Houston Indep. Sch. Dist., No. 03-20-00025-CV (Tex. App.—Austin Dec. 30, 2020). · cites it 2× “HISD alleges that the threatened application of this rule would impose “unlawful sanctions and interventions” on the district because the rule “conflicts with the limitations the Texas Legislature placed on the Commissioner in Texas Education Code §§ 39A.111, 39A.906.”
Texas Educ. Agency Mike Morath v. Houston Indep. Sch. Dist., No. 03-20-00025-CV (Tex. App.—Austin Dec. 30, 2020). “Texas Education Code §§ 39A.111, 39A.906.”
Texas Educ. Agency Mike Morath v. Houston Indep. Sch. Dist., 660 S.W.3d 108 (Tex. 2023). “33 Ultra vires suits “do not attempt to exert control over the state”—instead, they claim that state actors have planned conduct that is unlawful.”
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