19 TAC §97.1007
The Texas Education Agency (TEA) adopts new §97.1011,
concerning alternative education campus ratings, with changes to the proposed
text as published in the May 17, 2002, issue of the
Texas Register
(27 TexReg 4304). This new section was originally inadvertently
assigned a
Texas Administrative Code
number
that is already in use; therefore, this section's number has been reassigned
and adopted as §97.1007.
Adopted new §97.1007 adopts by reference the
2002 Alternative Education Accountability Manual
, dated July 2001,
and amended by an
Addendum
, dated March 28,
2002. The
2002 Alternative Education Accountability
Manual
specifies the indicators, standards, and procedures used by
the commissioner of education to determine alternative education accountability
ratings for registered and eligible Texas public school and charter school
alternative education campuses. Also specified in the
2002 Alternative Education Accountability Manual
are procedures for
submitting an appeal of a rating. The TEA is scheduled to issue accountability
ratings to registered and eligible alternative education campuses under the
procedures specified in the
2002 Alternative Education
Accountability Manual
in August 2002.
Legal counsel with the TEA has recommended that the procedures for issuing
alternative education accountability ratings for registered and eligible public
school and charter school alternative education campuses be adopted as part
of the
Texas Administrative Code
. This decision
was made 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 adopt by reference the alternative education
accountability manual, agency legal counsel directed staff to proceed with
formal adoption of rules in this area. The intention is to annually update
the rule to refer to the most recently published alternative education accountability
manual.
No comments were received regarding adoption of the new section.
The new section is adopted under the Texas Education Code, §§39.051(c)
- (e), 39.072(c), 39.073(a) - (e), and 39.0731, which establishes the statewide
standard accountability system. TEA Legal counsel finds the new section to
be a valid exercise of the agency's legal authority under Texas Education
Code, §§39.051(c) - (e); 39.072(c); 39.073(a) - (e), and 39.0731.
§97.1007.Adoption by Reference: Alternative Education Procedures.
(a)
The alternative education procedures by which registered
and eligible alternative education campuses are rated for the school year
2001-2002 are described in the official Texas Education Agency (TEA) publication,
the
2002 Alternative Education Accountability Manual
, dated July 2001, and amended by an
Addendum
, dated March 28, 2002. The
2002 Alternative
Education Accountability Manual
, as amended, is adopted by this reference
as the agency's official rule. A copy of the
2002
Alternative Education 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 the
2002 Alternative Education Accountability Manual
and this section adopting
it by reference, as needed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 26, 2002.
TRD-200204024
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Effective date: July 16, 2002
Proposal publication date: May 17, 2002
For further information, please call: (512) 463-9701