19 TAC §97.1005
The Texas Education Agency (TEA) adopts new §97.1005,
concerning accountability and performance monitoring. The new section is adopted
without changes to the proposed text as published in the April 1, 2005, issue
of the
Texas Register
(30 TexReg 1896) and
will not be republished. The adopted new §97.1005 describes the Performance-Based
Monitoring Analysis System (PBMAS) and adopts applicable excerpts of the PBMAS
2004-2005 Manual, dated December 14, 2004.
House Bill 3459, 78th Texas Legislature, 2003, added TEC, §7.027,
limiting compliance monitoring done by the Texas Education Agency to that
required to ensure school district and charter school compliance with federal
law and regulations; financial accountability, including compliance with grant
requirements; and data integrity for purposes of the Public Education Information
Management System (PEIMS) and accountability under TEC, Chapter 39. The intent
of this change was to limit and redirect monitoring efforts. To meet this
requirement, the agency developed the PBMAS, which is used in conjunction
with other evaluation systems, to monitor performance and program effectiveness
of special programs in school districts and charter schools. Agency legal
counsel has determined that the commissioner of education should take formal
rulemaking action to place into the Texas Administrative Code procedures related
to the PBMAS. The intention is to annually update the rule to incorporate
provisions for the most recent PBMAS manual.
The adopted new 19 TAC §97.1005 describes the purpose of the PBMAS
and manner in which school district and charter school performance will be
reported. The adopted new rule also adopts excerpts of the PBMAS 2004- 2005
Manual that describe specific criteria and calculations that will be used
to assign performance levels. The commissioner will establish specific criteria
and calculations annually and communicate that information to school districts
and charter schools. The adoption will establish in rule the procedures for
the PBMAS. Applicable procedures will be adopted each year as annual versions
of the PBMAS manual are published.
The following is a summary of public comments received on the proposed
new 19 TAC §97.1005 and corresponding agency responses.
Comment. The Texas Classroom Teachers Association (TCTA) recommended changing
the No Child Left Behind Indicator #4 (Highly Qualified Teachers) to be the
state percentage of teachers who are highly qualified who are required to
be highly qualified in 2003-2004. TCTA recommended deleting Special Education
Indicator #10 (Special Education Discretionary Disciplinary Alternative Education
Program Placements) and Special Education Indicator #12 (Special Education
Discretionary Removals to In-School-Suspension) because of a concern that
if districts are evaluated under PBMAS for disproportionate removals of special
education students to disciplinary alternative education programs and in-school-suspension,
districts will return "a student removed by a teacher from the class to that
same teacher's class" without resolving the issue of "teachers who can't get
help and support implementing an individualized education program (IEP)."
Agency response. The agency disagrees in part and agrees in part. Changing
the components of the 2004-2005 PBMAS is not possible since the system has
already been released. However, the agency agrees to consider the suggestions
as part of the development of future versions of the PBMAS.
Comment. The TCTA also recommended adding five new indicators to PBMAS:
1) an indicator "showing whether the district has a procedure in place as
required by Texas Administrative Code §89.1075;" 2) an indicator "showing
large numbers of admission, review, and dismissal (ARD) committee overrides
of teachers' refusal to allow a special education student to return to his/her
class;" 3) an indicator "regarding the number of special education students
being taught by a teacher who is not appropriately certified for the assignment;"
4) an indicator "regarding the class sizes of classes with special education
students in them;" and 5) an indicator "regarding the number of complaints
filed with the Texas Education Agency by staff (and other parties) regarding
special education."
Agency response. The agency disagrees in part and agrees in part. Changing
the components of the 2004-2005 PBMAS is not possible since the system has
already been released. However, the agency agrees to consider the suggestions
as part of the development of future versions of the PBMAS.
Comment. The Vidor Independent School District director of special programs
provided a comment and a recommendation concerning the performance-based monitoring
compliance review, two recommendations concerning random selection for performance-based
monitoring interventions, and a recommendation concerning the Public Education
Information Management System (PEIMS).
Agency response. The agency appreciates these recommendations and comments;
however, they are outside of the scope of this particular rule adoption, which
is limited to the adoption of applicable excerpts of the PBMAS 2004-2005 Manual,
dated December 14, 2004.
The new section is adopted under the Texas Education Code, §7.027,
which authorizes the agency to monitor as necessary to ensure school district
and charter school compliance with state and federal law and regulations.
The new section implements the Texas Education Code, §7.027.
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 16, 2005.
TRD-200501957
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: June 5, 2005
Proposal publication date: April 1, 2005
For further information, please call: (512) 475-1497