19 TAC §97.1002
The Texas Education Agency (TEA) proposes an amendment to §97.1002,
concerning school district accountability ratings and acknowledgments. The
section adopts by reference the most current version of part 1 of the annual
accountability manual, which specifies the indicators, standards, and procedures
used by the commissioner of education to determine standard accountability
ratings and to determine Gold Performance Acknowledgment on additional indicators
for Texas public school districts and campuses, as authorized by Texas Education
Code (TEC), §§39.051(c)-(e), 39.0721, 39.073, 39.074(a)-(b), and
39.075. Part 1 of the annual accountability manual also specifies procedures
for submitting an appeal and system safeguard analyses used to assess the
integrity of the accountability system.
Legal counsel with the TEA has recommended that the procedures for issuing
regular accountability ratings for public school districts and campuses be
adopted as part of the
Texas Administrative Code
. This decision was made in 2000 given a court decision challenging
state agency decision making via administrative letter/publications. Given
the statewide application of the accountability rating process and the existence
of sufficient statutory authority for the commissioner of education to formally
adopt rules in this area, portions of each annual accountability manual have
been adopted since 2000. The intention is to annually update the rule to refer
to the most recently published accountability manual.
The proposed amendment updates the section to adopt by reference Part 1
of the
2002 Accountability
Manual
, dated April 2002, for school year 2001-2002. The accountability
system evolves from year to year so the criteria and standards for rating
and acknowledging schools in 2002 differ to some degree over those applied
in 2001. In 2002, the Texas Assessment of Academic Skills (TAAS) standards
for reading, writing, and mathematics will be increased for the
Academically Acceptable / Acceptable
rating to 55.0% passing for "all
students" and each student group. The standards for
Exemplary
and
Recognized
remain the
same. Also, TAAS standards for 8th grade social studies will be implemented.
The
Exemplary
and
Recognized
standards are the same for social studies as the standards
for reading, writing, and mathematics. However, the standard for
Academically Acceptable / Acceptable
will be 50.0% at the "all students"
level; student groups will not be evaluated this year for social studies.
The dropout rate standards also changed for a
Recognized
rating from 3.0% to 2.5% and for an
Academically
Acceptable / Acceptable
rating from 5.5% to 5.0%. In addition, the
Gold Performance Acknowledgement (GPA) system replaces the Additional Acknowledgments
system. All of the previous Additional Acknowledgment indicators are part
of the GPA, although the standards for acknowledgment may have changed. In
2002, the GPA system will be awarded to districts and campuses rated Academically Acceptable
or
Acceptable
or higher on nine measures: Attendance Rate for Grades 1-12;
Campus Comparable Improvement in Mathematics and Reading; Algebra I End-of-Course
Examination Results; Advanced Academic Course Completion; Advanced Placement
/ International Baccalaureate Examination Results; College Admissions Test
Results; TAAS/TASP Equivalency; and Recommended High School Program Participation.
This year, ratings and acknowledgments are scheduled to be released in August
2002.
Criss Cloudt, associate commissioner for accountability reporting and research,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amendment.
Dr. Cloudt has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the amendment will be continued knowledge by the public of the existence of
annual manuals specifying rating procedures for the public schools. There
will not be an effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendment as proposed.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Accountability Reporting and Research, 1701 North Congress Avenue, Austin,
Texas 78701, (512) 463-9701. Comments may also be submitted electronically
to
rules@tea.state.tx.us
or faxed to (512)
475-3499. All requests for a public hearing on the proposed amendment submitted
under the Administrative Procedure Act must be received by the commissioner
of education not more than 15 calendar days after notice of a proposed change
in the section has been published in the
Texas Register
.
The amendment is proposed under the Texas Education Code, §§39.051(c)-(e),
39.0721, 39.073, 39.074(a)-(b), and 39.075, which authorize the commissioner
of education to specify the indicators, standards, and procedures used to
determine standard accountability ratings and to determine acknowledgment
on additional indicators.
The amendment implements the Texas Education Code, §§39.051(c)-(e),
39.0721, 39.073, 39.074(a)-(b), and 39.075.
§97.1002.Adoption by Reference: Standard Procedures.
(a)
The standard procedures by which districts and campuses
are rated and acknowledged for school year
2001-2002
[
2000-2001
] are described in the official Texas Education Agency (TEA) publication, Part 1
of the
2002
[
2001
]
Accountability Manual
, dated April
2002
[
2001
], which is adopted by
this reference as the agency's official rule. A copy of the
2002
[
2001
]
Accountability
Manual
is available for examination during regular office hours, 8:00
a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education
Agency, 1701 North Congress Avenue, Austin, Texas 78701. In addition, the
publication can be accessed from the Texas Education Agency official website.
(b)
The commissioner of education shall amend
Part 1
of the
2002
[
2001
]
Accountability Manual
and this
section adopting it by reference, as needed.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 8, 2002.
TRD-200202167
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: May 19, 2002
For further information, please call: (512) 463-9701