TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 89. ADAPTATIONS FOR SPECIAL POPULATIONS

Subchapter C. GENERAL EDUCATIONAL DEVELOPMENT

19 TAC §89.47

The State Board of Education (SBOE) adopts an amendment to §89.47, concerning general educational development (GED), without changes to the proposed text as published in the March 26, 2004, issue of the Texas Register (29 TexReg 3027) and will not be republished. The section establishes provisions relating to the issuance of a GED certificate and a copy of test scores. The adopted amendment updates the rule to reflect an increase in the non-refundable fee assessed for issuance of a certificate and a copy of test scores.

The Texas Education Agency incurs expenditures related to the issuance of GED certificates. The administrative costs are supported solely by fees collected as required in statute. GED revenues (generated by fees) for fiscal year 2003 fell significantly short of the current projected budget. Projected revenues were not met due to rising administrative costs and a steady decrease of test takers in recent years. The adopted amendment increases the fee from $10.00 to $15.00.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Texas Education Code, §7.111, which authorizes the State Board of Education by rule to establish and require payment of a fee as a condition of the issuance of a high school equivalency certificate and a copy of the scores of the examinations. The statute further states that the fee must be reasonable and designed to cover the administrative costs of issuing the certificate and a copy of the scores.

The amendment implements the Texas Education Code, §7.111.

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 May 17, 2004.

TRD-200403329

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: June 6, 2004

Proposal publication date: March 26, 2004

For further information, please call: (512) 475-1497

Chapter 100. CHARTERS

Subchapter A. OPEN-ENROLLMENT CHARTER SCHOOLS

19 TAC §100.105

The State Board of Education (SBOE) adopts an amendment to §100.105, concerning open- enrollment charter schools, without changes to the proposed text as published in the March 26, 2004, issue of the Texas Register (29 TexReg 3028) and will not be republished.

Section 100.105 establishes the applicability of existing rule and statute to public senior college or university charters. The adopted amendment to §100.105 creates application and selection procedures that are unique to charters granted under Texas Education Code (TEC), Chapter 12, Subchapter E, by adding new language to provide more specificity regarding the applicability of provisions in 19 TAC Chapter 100, Subchapter A, to a public senior college or university charter school.

No comments were received regarding adoption of the amendments.

The amendment to §100.105 is adopted under the Texas Education Code (TEC), §12.152, which authorizes the SBOE to grant a charter on the application of a public senior college or university for an open-enrollment charter school.

The amendment implements the Texas Education Code, §12.152.

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 May 17, 2004.

TRD-200403330

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: June 6, 2004

Proposal publication date: March 26, 2004

For further information, please call: (512) 475-1497

Chapter 101. ASSESSMENT

Subchapter B. DEVELOPMENT AND ADMINISTRATION OF TESTS

19 TAC §101.33

The State Board of Education (SBOE) adopts an amendment to §101.33, concerning student assessment, without changes to the proposed text as published in the March 26, 2004, issue of the Texas Register (29 TexReg 3030) and will not be republished. The section addresses the release of tests. The adopted amendment revises the schedule for release of tests.

Texas Education Code (TEC), §39.023(e), authorizes the SBOE to adopt rules relating to the release of statewide assessments and answer keys after the last time the instruments are administered for a school year. At the September 2003 meeting, the SBOE adopted a schedule for the release of tests to comply with the amendments made to TEC, §39.023(e), by House Bill 3459, 78th Texas Legislature, 2003, requiring the release of test items to be reduced to every other year. At the February 2004 meeting, in response to concerns expressed by a number of educators that some students may never see the actual tests that they have taken, the SBOE was presented with a revision to the schedule for release that seems to represent the best compromise given the requirements of statute. During its meeting on February 27, 2004, the SBOE directed the commissioner of education to make appropriate posting with the Secretary of State's Texas Register Division so that action to adopt the rule amendment could take place at the May 7, 2004, SBOE meeting.

During its May 2004 meeting, the SBOE took action to approve second reading and final adoption of the rule amendment that revises the schedule for release of tests.

The adopted amendment to §101.33 revises the schedule, calling for the release of all tests for the Texas Assessment of Knowledge and Skills (TAKS), the State-Developed Alternative Assessment (SDAA), and the Reading Proficiency Tests in English (RPTE) in school year 2003-2004 and every even-numbered year after that time. One advantage to this schedule is that it allows for another complete set of released TAKS tests to be viewed and used for appropriate educational purposes. It should be noted that this schedule does not include the release of TAKS tests for the 2004-2005 school year, which is the first year that fifth-grade students will be held to the advancement requirements of the Student Success Initiative in reading and mathematics. Representative released tests would still be available for students and parents to view.

Following is a summary of public comment received and corresponding agency response regarding the proposed amendment to 19 TAC §101.33.

Comment. An individual representing the Texas Statewide Network of Assessment Professionals (T-SNAP) urged the SBOE through a memo that was provided to the SBOE Committee on Instruction to "vote in favor of the amended rules for the released test schedule." The commenter also stressed the importance of the released tests as "the most valuable and most used materials provided by the State to support professionals in the field to assist students in understanding our mandated State curriculum."

Agency response. The agency agrees with the recommendation to release all tests in 2004.

The amendment is adopted under the Texas Education Code, Chapter 39, Subchapter B, which authorizes the State Board of Education to adopt rules to create and implement a statewide assessment program.

The amendment implements the Texas Education Code, Chapter 39, Subchapter B.

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 May 17, 2004.

TRD-200403331

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: June 6, 2004

Proposal publication date: March 26, 2004

For further information, please call: (512) 463-9701

Chapter 105. FOUNDATION SCHOOL PROGRAM

Subchapter A. DEFINITIONS

19 TAC §105.1

The State Board of Education (SBOE) adopts an amendment to §105.1, concerning the Foundation School Program, with changes to the proposed text as published in the March 26, 2004, issue of the Texas Register (29 TexReg 3031). Section 105.1 sets forth provisions related to the definition of tax levy and tax collection. The adopted amendment updates the rule to reflect statutory changes.

House Bill 98, 76th Texas Legislature, 1999, added Texas Education Code (TEC), §44.0011, authorizing school districts to choose July 1 or September 1 as the start date of their fiscal year. SBOE rule defined tax collections as total taxes collected between September 1 and August 31. The adopted amendment revises the definition of tax collections to conform to this statutory change and provides clarification for type of tax collections.

The adopted amendment to 19 TAC §105.1 adds a statutory reference in subsection (a), revises language in subsection (b)(2) to expand fiscal year options, and adds new subsection (b)(3) to include a definition for types of tax collections. In response to public comment, additional language is adopted with new subsection (b)(2)(C) to address the treatment of collections related to property value adjustments for major taxpayers pursuant to TEC, §42.2531.

School districts that choose to implement the alternate fiscal year will modify the reporting of tax collections accordingly. The Financial Accountability System Resource Guide has been revised to provide guidance to school districts that choose an alternate fiscal year regarding the reporting of their financial data.

Following is a summary of public comment received and corresponding agency response regarding the proposed amendment to 19 TAC §105.1.

Comment. An administrator of the Gregory-Portland Independent School District commented that school districts that have received adjustments to tax collections based on major taxpayer protests pursuant to TEC, §42.2531, should be allowed to attribute tax collections to the year in which the taxes were originally levied.

Agency response. The agency agrees with the comment. The SBOE adopted additional language to this amendment that provides that districts may petition the commissioner concerning the suggested treatment of tax collections.

The amendment is adopted under the Texas Education Code, §42.004, which authorizes the commissioner, in accordance with the rules of the State Board of Education, to take such action and require such reports consistent with TEC, Chapter 42, as may be necessary to implement and administer the Foundation School Program.

The amendment implements the Texas Education Code, §42.004.

§105.1.Rules for the Definition of Tax Levy and Tax Collection.

(a) General provisions. For the purpose of determining state aid under the Texas Education Code, Chapter 42 and Chapter 46, and in implementing the wealth-equalizing provisions of the Texas Education Code, Chapter 41, calculations that include tax collections as a data element shall reference subsection (b) of this section.

(b) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Total levy. The sum of the maintenance and operation and debt service levies generated by applying a district's adopted tax rates to its locally assessed valuation of property for the current tax year.

(2) Tax collection.

(A) For districts with a fiscal year that begins on July 1, total taxes collected between July 1 and June 30 for the current and all prior years' levies.

(B) For districts with a fiscal year that begins on September 1, total taxes collected between September 1 and August 31 for the current and all prior years' levies.

(C) For a district that has been awarded a property value adjustment for a major taxpayer protest pursuant to Texas Education Code, §42.2531, the district may petition the commissioner to attribute taxes that had been withheld due to the protest of valuation to the year in which the taxes were originally levied.

(3) Types of tax collections.

(A) Maintenance and operations taxes are those taxes collected during the fiscal year that are associated with the levy of local maintenance and operations tax rates, including current and delinquent taxes and any delinquent taxes related to former county education districts, but not including penalties and interest that accrue on delinquent maintenance and operations tax levies.

(B) Interest and sinking fund taxes are those associated with the levy of local interest and sinking fund taxes, not including penalties and interest that accrue on delinquent interest and sinking funds tax levies.

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 May 17, 2004.

TRD-200403332

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: June 6, 2004

Proposal publication date: March 26, 2004

For further information, please call: (512) 463-9701

Chapter 150. COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL

Subchapter AA. TEACHER APPRAISAL

19 TAC §150.1003

The Texas Education Agency (TEA) adopts an amendment to §150.1003, concerning teacher appraisal, with changes to the proposed text as published in the January 16, 2004, issue of the Texas Register (29 TexReg 439). The section establishes the recommended appraisal process and criteria on which to appraise the performance of teachers. The adopted amendment implements provisions relating to employment policies adopted by a board of trustees that require a written evaluation of each teacher, in accordance with Texas Education Code (TEC), §21.203(a) and §21.352(c), as amended by House Bill (HB) 1440, 78th Texas Legislature, 2003.

TEC, Chapter 21, was amended by HB 1440, 78th Texas Legislature, 2003, to modify §21.203(a) and §21.352(c). The modification to the law provides school districts with the option that a teacher may be appraised less frequently if the teacher agrees in writing and the teacher's most recent evaluation rated the teacher as at least proficient, or the equivalent, and did not identify any area of deficiency.

The adopted amendment to 19 TAC §153.1003 establishes the option of less frequent appraisals for eligible teachers. Language is added in proposed new subsection (l) to establish the provision for a teacher to be appraised less frequently, to describe specific criteria that may be included in local district policy related to this appraisal option, and to address teacher performance that would result in placing the teacher back on the traditional annual appraisal cycle. Language is also added to permit districts to annually review the written agreements with teachers that are appraised under this option.

In response to public comment, the following change was made to 19 TAC §150.1003 since published as proposed. Language was changed in new subsection (l)(1) to clarify that a less frequent appraisal is to be based upon the most recent appraisal of the teacher rather than the most recent evaluation.

Following is a summary of public comment received and corresponding agency response regarding the proposed amendment to 19 TAC §150.1003.

Comment. An individual commented that new subsection (l)(1) is confusing since it refers to both "appraisal" and "evaluation."

Agency Response. The agency agrees and the rule text has been changed from "evaluation" to "appraisal" to clarify that a less frequent appraisal is to be based upon the most recent appraisal of the teacher rather than the most recent evaluation.

The amendment is adopted under the Texas Education Code, §21.351(a), which authorizes the commissioner of education to adopt a recommended appraisal process and criteria on which to appraise the performance of teachers.

The amendment implements the Texas Education Code, §§21.203, 21.351, and 21.352.

§150.1003.Appraisals, Data Sources, and Conferences.

(a) Each teacher must be appraised each school year, except as provided by subsection (l) of this section. Whenever possible, an appraisal shall be based on the teacher's performance in fields and teaching assignments for which he or she is certified.

(b) The annual teacher appraisal shall include:

(1) at least one classroom observation of a minimum of 45 minutes as identified in subsection (g) of this section, with additional walk-throughs and observations conducted at the discretion of the appraiser;

(2) a written summary of each observation, which shall be given to teachers within ten working days after the completion of an observation, with a pre- and post-observation conference conducted at the request of the teacher or appraiser;

(3) completion of Section I of the Teacher Self-Report Form that shall be presented to the principal:

(A) within the first three weeks from the day of completion of the Professional Development and Appraisal System (PDAS) orientation as described in §150.1007 of this title (relating to Teacher Orientation);

(B) within the first three weeks from the day of completion of the PDAS orientation as described in §150.1007 of this title for teachers new to the PDAS; or

(C) within the first three weeks of instruction in the school years when the PDAS orientation is not required pursuant to §150.1007 of this title.

(4) revision of Section I (if necessary) and completion of Sections II and III of the Teacher Self-Report Form that shall be presented to the principal at least two weeks prior to the summative annual conference;

(5) cumulative data of written documentation collected regarding job-related teacher performance, in addition to formal classroom observations;

(6) a written summative annual appraisal report; and

(7) a summative annual conference.

(c) A teacher may be given advance notice of the date or time of an appraisal, but advance notice is not required.

(d) Each school district shall establish a calendar for the appraisal of teachers. The appraisal period for each teacher must include all of the days of a teacher's contract. Observations during the appraisal period must be conducted during the required days of instruction for students during one school year. The appraisal calendar shall:

(1) exclude observations in the three weeks following the day of completion of the PDAS orientation in the school years when an orientation is required as described in §150.1007 of this title;

(2) exclude observations in the three weeks following the day of completion of the PDAS orientation for teachers new to the PDAS as described in §150.1007 of this title;

(3) exclude observations in the first three weeks of instruction in the school years when the PDAS orientation is not required pursuant to §150.1007 of this title;

(4) prohibit observations on the last day of instruction before any official school holiday or on any other day deemed inappropriate by the school district board of trustees; and

(5) indicate a period for summative annual conferences that ends no later than 15 working days before the last day of instruction for students.

(e) During the appraisal period, the appraiser shall evaluate and document teacher performance specifically related to the domain criteria as identified in §150.1002(b) of this title (relating to Assessment of Teacher Performance).

(f) The appraiser is responsible for documentation of the cumulative data identified in subsection (b)(5) of this section. Any third-party information from a source other than the teacher's supervisor that the appraiser wishes to include as cumulative data shall be verified and documented by the appraiser. Any documentation that will influence the teacher's summative annual appraisal report must be shared in writing with the teacher within ten working days of the appraiser's knowledge of the occurrence. The principal shall also be notified in writing when the appraiser is not the teacher's principal.

(g) By mutual consent of the teacher and the appraiser, the required minimum of 45 minutes of observation may be conducted in shorter time segments. The time segments must aggregate to at least 45 minutes.

(h) A written summative annual appraisal report shall be shared with the teacher no later than five working days before the summative conference and no later than 15 working days before the last day of instruction for students. The written summative annual appraisal report shall be placed in the teacher's personnel file by the end of the appraisal period.

(i) Unless waived in writing by the teacher, a summative conference shall be held within a time frame specified on the school district calendar and no later than 15 working days before the last day of instruction for students. The summative conference shall focus on the written summative report and related data sources.

(j) In cases where the appraiser is not an administrator on the teacher's campus, either the principal, assistant principal, or another supervisory staff member designated as an administrator on the campus will participate in the summative annual conference.

(k) Any documentation collected after the summative conference but before the end of the contract term during one school year may be considered as part of the appraisal of a teacher. If the documentation affects the teacher's evaluation in any domain, another summative report shall be developed and another summative conference shall be held to inform the teacher of the change(s).

(l) Except as otherwise provided by this subsection, appraisal must be done at least once during each school year. A teacher may be appraised less frequently if the teacher agrees in writing and the teacher's most recent appraisal rated the teacher as at least proficient, or the equivalent, and did not identify any area of deficiency. A teacher who is appraised less frequently than annually must be appraised at least once during each period of five school years.

(1) District policy may stipulate:

(A) whether the appraisal option is to be made available to teachers;

(B) whether the appraisal option is to be adopted districtwide or is to be campus specific;

(C) if the appraisal accompanying a teacher new to a district or campus meets the option as specified in this subsection, whether the appraisal is to be accepted or whether that teacher is to be appraised by the new campus administrator; and

(D) whether an appraiser may place a teacher on the traditional appraisal cycle as a result of performance deficiencies documented in accordance with subsections (b)(5) and (f) of this section.

(2) A school district may choose annually to review the written agreement with the teacher. However, at the conclusion of the school year, the district may modify appraisal options through board policy and may make changes to expectations for appraisals that apply to all teachers regardless of a teacher's participation in the appraisal option in the previous year(s).

(3) For purposes of this subsection, in the teacher-appraisal system recommended by the commissioner, an area of deficiency is a domain. A teacher must be rated as at least proficient for each domain (i.e., for all domains) to be eligible for less frequent appraisals under this subsection.

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 May 11, 2004.

TRD-200403192

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: May 31, 2004

Proposal publication date: January 16, 2004

For further information, please call: (512) 475-1497