TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 97. PLANNING AND ACCOUNTABILITY

Subchapter AA. ACCOUNTABILITY AND PERFORMANCE MONITORING

19 TAC §97.1001

The Texas Education Agency (TEA) adopts an amendment to §97.1001, concerning accountability. The amendment is adopted without changes to the proposed text as published in the June 2, 2006, issue of the Texas Register (31 TexReg 4557) and will not be republished. Section 97.1001 describes the state accountability rating system and adopts applicable excerpts of the most recently published accountability manual. The amendment adopts applicable excerpts of the 2006 Accountability Manual , dated May 2006.

Legal counsel with the TEA has recommended that the procedures for issuing 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 accountability system evolves from year to year so the criteria and standards for rating and acknowledging schools in the most current year differ to some degree over those applied in the prior year. The intention is to annually update 19 TAC §97.1001 to refer to the most recently published accountability manual.

The amendment to 19 TAC §97.1001 adopts excerpts of the 2006 Accountability Manual , dated May 2006, into rule as a figure. The excerpts, Chapters 2-6, 8, 10-12, 14-16 , and Appendix I of the 2006 Accountability Manual , specify the indicators, standards, and procedures used by the commissioner of education to determine accountability ratings, both standard and alternative education accountability, for districts, campuses, and charter schools. These chapters also specify indicators, standards, and procedures used to determine Gold Performance Acknowledgment (GPA) on additional indicators for Texas public school districts and campuses. In addition, these chapters specify procedures for submitting an appeal and evaluating districts and campuses impacted by Hurricanes Katrina and/or Rita. The TEA will issue accountability ratings under the procedures specified in the 2006 Accountability Manual in August 2006. Ratings may be revised as a result of investigative activities by the commissioner as authorized under TEC, §39.074 and §39.075.

In 2006, campuses and districts will be evaluated using four base indicators: Texas Assessment of Knowledge and Skills (TAKS) results, completion rates, annual dropout rates, and student performance on the State Developed Alternative Assessment (SDAA) II. In 2006, the GPA system will award acknowledgment on 14 separate indicators to districts and campuses rated Academically Acceptable or higher: Attendance Rate for Grades 1-12; Advanced Course/Dual Enrollment Completion; Advanced Placement/International Baccalaureate Results; College Admissions Test Results; Commended Performance on Reading/English Language Arts (ELA), Mathematics, Writing, Science and/or Social Studies; Recommended High School Program/Distinguished Achievement Program Participation; Comparable Improvement on Reading/ELA and Mathematics; and Texas Success Initiative - Higher Education Readiness Component on ELA and/or Mathematics.

No changes were made to the rule or manual excerpts adopted as rule since published as proposed.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Education Code (TEC), §§39.051(c)-(d), 39.072(c), 39.0721, 39.073, and 29.081(e), which authorize the commissioner of education to specify the indicators, standards, and procedures used to determine standard accountability ratings and alternative education accountability ratings and to determine acknowledgment on additional indicators.

The amendment implements the Texas Education Code, §§39.051(c)-(d), 39.072(c), 39.0721, 39.073, and 29.081(e).

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 July 10, 2006.

TRD-200603657

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: July 30, 2006

Proposal publication date: June 2, 2006

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