(a) As used in this part, unless the context otherwise requires:

(1) “Department” means the department of education; and

(2) “High performing school district” means any LEA in the state that satisfies a majority of the following criteria, if applicable to that LEA, according to the state report card:

(A) Reaches a graduation rate of ninety percent (90%) or higher;

(B) Exhibits an average student ACT score of 21 or higher or the concordant equivalent score on the SAT or a higher score; provided, that prior to an LEA using the average student ACT or SAT score, at least thirty (30) students within the LEA or at least twenty-five percent (25%) of the graduating class, whichever is larger, took the ACT or SAT;

(C) Exhibits a TCAP three-year average composite normal curve equivalent (NCE) score of 55 or higher;

(D) Exhibits a TVAAS three-year average composite NCE gain of 1.75 or higher; or

(E) Meets or exceeds achievement and gap closure annual measurable objectives and receives an exemplary or similar status from the department.

(b) Only those criteria in the list in subdivision (a)(2) that apply to a particular LEA and are reported on the state report card shall be considered when calculating whether an LEA is eligible to be declared a high performing school district under this part. If a criterion does not apply to a particular LEA, it shall be removed from consideration for that LEA and a majority of the remaining criteria must be met. Should any of the criteria cease being reported on the state report card, the department shall designate a replacement measure for purposes of this part. An LEA scoring in the top fifteen percent (15%) of all LEAs in the state under the replacement measure shall meet that criterion.