PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER H. P-16 COLLEGE READINESS AND SUCCESS
19 TAC §4.177
The Texas Higher Education Coordinating Board proposes
amendments to §4.177, concerning Criteria for Student Participation
and Institutional and Public School Eligibility for Implementing Programs
to Enhance Student Success. Specifically, the amendments to this section
replace the term "Summer" with "Higher" and clarify that "Higher Education
Bridge Programs" will be provided to eligible students during summer
or other time frames approved by the Coordinating Board. Social Science
will be added to the focus of the summer program. A definition of
intensive programs is added and clarifies the purpose of the program,
student eligibility, as well as requirements for the implementation
of the program. The amendments are mandated by Senate Bill 2258, 81st
Texas Legislature, and reflect changes to the program requirements
for Higher Education Bridging Programs for the 2010-2011 academic
year and later.
Dr. Judy Loredo, Assistant Commissioner for P-16 Initiatives, has
determined that for each year of the first five years the section
is in effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Loredo has also determined that for each year of the first
five years the section is in effect, the public benefit anticipated
as a result of administering the section will be more clarity regarding
program requirements and consistency in administering all higher education
bridging programs. There is no effect on small businesses. There are
no anticipated economic costs to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Belinda Perez-Hernandez,
P.O. Box 12788, Austin, Texas 78711, (512) 427-6209, belinda.hernandez@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed under the Texas Education
Code, §61.0762, which provides the Coordinating Board with the
authority to adopt rules to implement higher education bridging programs.
The amendments affect Texas Education Code, §61.0762.
§4.177.Criteria for Student Participation and Institutional and Public School Eligibility for Implementing Programs to Enhance Student Success.
(a) Higher [
(1) Only institutions offering [
(2) The [
(A) - (B) (No change.)
(3) Other qualifications or requirements for student
participation, public school eligibility, and institutional eligibility
for implementing [
(b) Developmental education initiatives. The purpose
of this program is to provide incentive funding to institutions who
commit to implementing research-based and/or innovative developmental
education initiatives.
(1) (No change.)
(2) The [
(c) Intensive programs. The purpose
of this program is for institutions of higher education to provide
eligible students who are at risk of dropping out of college with
appropriate instruction and other activities during summer or other
timeframes approved by the Coordinating Board to ensure students persist
and complete an undergraduate credential or degree.
(1) Only institutions offering intensive programs outlined
under Texas Education Code, §61.0762, shall be subject to this
subsection.
(2) The commissioner or his/her designee shall issue
a request for proposal/application, memorandum of understanding, or
other agreement for institutions to implement intensive programs under
this subsection. The focus of these programs shall include mathematics,
science, social science, and/or English language arts. The categories
of students to be served by these programs shall be outlined in the
request for proposal/application, memorandum of understanding, or
other agreement as identified by the commissioner to address the participation
and success goals of Closing the Gaps by 2015.
[(1) Financial aid shall be provided for each eligible
high school student on an annual basis as determined by the commissioner.]
[(2) Each year for which state appropriations or other
funding is available, the commissioner or his/her designee shall determine
the college readiness and college entrance assessments that will be
funded under this subsection.]
(d) Professional development for higher education faculty.
The purpose of this program is to provide higher education faculty
with professional development programs or activities on college readiness
standards and the implications of these standards on instruction.
(1) (No change.)
(2) The [
(3) (No change.)
(e) (No change.)
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 July 14, 2009.
TRD-200902875
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 29, 2009
For further information, please call: (512) 427-6114
19 TAC §§4.210 - 4.214
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in
the offices of the Texas Higher Education Coordinating Board or in
the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin, Texas.)
The Texas Higher Education Coordinating
Board proposes the repeal of §§4.210 - 4.214, concerning
Intensive Summer Program Grants.
Specifically, these sections are proposed for repeal in order to
incorporate Intensive Summer Programs into §4.177, which would
implement Senate Bill 2258, 81st Texas Legislature. Senate Bill 2258
moves the statutory authority for the higher education Intensive Summer
Programs into Texas Education Code, §61.0762, Programs to Enhance
Student Success. Section 4.177 of Coordinating Board rules address
all the programs established by this section of Texas statutes.
Dr. Judy Loredo, Assistant Commissioner for P-16 Initiatives, has
determined that for each year of the first five years the repeal is
in effect, there will be no fiscal implications to state or local
government as a result of enforcing or administering the repeal as
proposed.
Dr. Loredo has also determined that for each year of the first
five years the repeal is in effect, the public benefit anticipated
as a result of administering the repeal will be more clarity regarding
program requirements and consistency in administering all higher education
bridging programs. There is no effect on small businesses. There are
no anticipated economic costs to persons who are required to comply
with the repeal as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Belinda Perez-Hernandez,
P.O. Box 12788, Austin, Texas 78711, (512) 427-6209, belinda.hernandez@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The repeal is proposed under the Texas Education Code, §61.0762
which provides the Coordinating Board with the authority to adopt
rules to implement the program.
The repeal affects Texas Education Code, §61.0762.
§4.210.Purpose and Authority.
§4.211.Definitions.
§4.212.Eligible Students.
§4.213.Eligible Institutions.
§4.214.Grant Administration.
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 July 14, 2009.
TRD-200902876
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 29, 2009
For further information, please call: (512) 427-6114
CHAPTER 97. PLANNING AND ACCOUNTABILITY
SUBCHAPTER FF. COMMISSIONER'S RULES CONCERNING THE JOB CORPS DIPLOMA PROGRAM
19 TAC §97.2001
The Texas Education Agency (TEA) proposes amendment
to §97.2001, concerning the Job Corps diploma program. The section
implements the requirements of the Texas Education Code (TEC), §18.006,
that the commissioner develop and implement a system of accountability
to rate the annual performance of the Job Corps diploma program. The
section also adopts the most recently published Job Corps diploma
program accountability procedures manual. The proposed amendment would
adopt the Job Corps Diploma Program Accountability
Procedures Manual, dated August 2008, and incorporate other
applicable updates to the rule.
Effective December 10, 2006, the commissioner adopted 19 TAC §97.2001,
exercising rulemaking authority over developing and implementing a
system of accountability consistent with the TEC, Chapter 39, where
appropriate, to be used in assigning an annual performance rating
to Job Corps diploma programs consistent with the ratings assigned
to school districts under the TEC, §39.072. Section 97.2001 includes
the Job Corps Diploma Program Accountability
Procedures Manual, dated August 2007, in rule as a figure.
The intention is to annually update 19 TAC §97.2001 to refer
to the most recently published Job Corps
Diploma Program Accountability Procedures Manual.
The proposed amendment to 19 TAC §97.2001 would update the
rule to adopt the Job Corps Diploma Program
Accountability Procedures Manual, dated August 2008, as a figure.
The proposed amendment to adopt the new manual would prescribe the
specific procedures, standards, and performance indicators by which
Job Corps diploma programs will be evaluated and rated in 2009.
Revisions in the new manual include: (1) updates to year references
to make the document current; (2) a change in the manner by which
the TEA will release data and rating reports; and (3) other applicable
clarifications such as updating the name of the TEA office to which
program information must be submitted.
The proposed amendment to 19 TAC §97.2001 would also update
rule text, as follows.
Technical edits would be made in subsections (c) and (f)(1)(A)
to clarify the student performance assessment requirements for the
Job Corps diploma program. Corresponding technical edits would also
be made in the Job Corps Diploma Program
Accountability Procedures Manual.
Subsection (d) would be updated to reference the 2008 Job Corps Diploma Program Accountability Procedures
Manual, dated August 2008, and ratings issued in 2009. Additionally,
subsection (d) would be updated to specify that the manual adopted
for each year prior to 2009 would remain in effect for the applicable
school year.
Technical edits would be made in subsection (g) to clarify reference to statute.
The proposed amendment to 19 TAC §97.2001 would continue the
reporting requirements to address the characteristics of the students
served by the Job Corps diploma program. Alternative collection methods
were considered; however, based on the number and frequency of data
submissions to the TEA, it was determined that electronic submission
via the TEA Secure Environment (TEASE) would incur higher costs to
the TEA than simple paper submission. The proposed amendment would
not require additional paperwork beyond that already maintained.
Julie Harris-Lawrence, deputy associate commissioner for student
services and GED, has determined that for the first five-year period
the amendment is in effect there will be no additional costs for state
or local government as a result of enforcing or administering the
amendment.
Ms. Harris-Lawrence 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 rule action will be to continue to inform
the public of the existence of the procedure manual and current procedures,
standards, and performance indicators by which the diploma programs
are evaluated and rated. There is no anticipated economic cost to
persons who are required to comply with the proposed amendment.
There is no direct adverse economic impact for small businesses
and microbusinesses; therefore, no regulatory flexibility analysis,
specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal begins July 31, 2009,
and ends August 31, 2009. Comments on the proposal may be submitted
to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas
Education Agency, 1701 North Congress Avenue, Austin, Texas 78701,
(512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512)
463- 0028. A request for a public hearing on the proposal submitted
under the Administrative Procedure Act must be received by the commissioner
of education not more than 15 calendar days after notice of the proposal
has been published in the Texas Register on July 31, 2009.
The amendment is proposed under the Texas Education Code, §18.006,
which requires the commissioner to develop and implement a system
of accountability consistent with the TEC, Chapter 39, where appropriate,
to be used in assigning an annual performance rating to Job Corps
diploma programs consistent with the ratings assigned to school districts.
The amendment implements the Texas Education Code, §18.006.
§97.2001.Job Corps Diploma Program Accountability Procedures.
(a) Intent and purpose. The Job Corps diploma program
develops and implements educational programs specifically designed
for persons eligible for enrollment in a Job Corps training program
established by the U.S. Department of Labor. The Job Corps diploma
program was established in order for eligible students to satisfy
the requirements necessary to receive a high school diploma.
(b) Student eligibility. A person is eligible to participate
in the Job Corps diploma program if the person is enrolled in an established
Job Corps training program and has not satisfied the state requirements
to receive a high school diploma. Any person enrolled in good standing
in the Job Corps diploma program is eligible for programs or services
under the Texas Education Code (TEC), Chapter 18. A person's eligibility
for programs and services under the TEC, Chapter 18, does not make
a person ineligible for an education program or service under any
other chapter of the TEC.
(c) Program requirements. The TEC, §1.001, applies
to a Job Corps diploma program operated by or under contract with
the U.S. Department of Labor.
(1) The Job Corps diploma program shall provide a course
of instruction that includes the required curriculum under the TEC, §28.002, §74.1
of this title (relating to Essential Knowledge and Skills), and §74.3
of this title (relating to Description of a Required Secondary Curriculum).
(2) The Job Corps diploma program shall offer, annually,
at least all the courses required for an eligible student to graduate
under the applicable minimum high school program described in Chapter
74 of this title (relating to Curriculum Requirements).
(3) A student enrolled in the Job Corps diploma program
must satisfy the appropriate Texas Assessment of Knowledge and
Skills assessments required for graduation [
(d) Accountability procedures. Job Corps diploma program
evaluations and ratings issued in 2009 [
Figure: 19 TAC §97.2001(d) (.pdf)
[
(e) Annual review. The Texas Education Agency (TEA)
shall conduct an annual review to evaluate Job Corps diploma program
performance based on indicators provided in the
Job Corps Diploma Program Accountability Procedures Manual described
in subsection (d) of this section. The diploma program shall comply
with all applicable requirements of state laws and rules.
(f) Performance indicators. Annually, the commissioner
of education shall review and determine the student performance indicators
appropriate to the characteristics of the students served by the Job
Corps diploma program. The performance of the Job Corps diploma program
shall be evaluated on the basis of the specific indicators as determined
by the commissioner of education.
(1) The annual evaluation shall be based on, at a minimum,
the following performance indicators:
(A) student performance on appropriate grade levels
and subject areas assessed by the Texas Assessment of Knowledge and
Skills [
(B) dropout rate for the grade levels served; and
(C) diploma program completion rate.
(2) To the extent appropriate, the annual performance
review shall incorporate other indicators from the Academic Excellence
Indicator System (AEIS) under the TEC, Chapter 39.
(g) Accountability ratings and criteria. The procedures
for determining the Job Corps diploma program accountability ratings
are established in the Job Corps Diploma
Program Accountability Procedures Manual described in subsection
(d) of this section.
(1) The Job Corps diploma program performance on selected
AEIS indicators shall be used by the TEA in determining the annual
performance rating of the Job Corps diploma program.
(2) A performance rating assigned to the Job Corps
diploma program may be appealed to the commissioner of education in
accordance with the procedures established in the Job Corps Diploma Program Accountability Procedures
Manual described in subsection (d) of this section.
(3) The commissioner of education may lower the Job
Corps diploma program accountability rating based on the findings
of an on-site investigation conducted under the TEC,
Chapter 39 [
(4) If a Job Corps diploma program is below
a [
(h) Reporting of data. The Job Corps diploma program
shall report to the TEA accountability data on a submission schedule
determined by the TEA. Performance data shall be disaggregated with
respect to student attributes as determined by the commissioner of
education.
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 July 17, 2009.
TRD-200902927
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: August 30, 2009
For further information, please call: (512) 475-1497
SUBCHAPTER AA. TEACHER APPRAISAL
The Texas Education Agency (TEA) proposes amendments to §§150.1001,
150.1003 - 150.1007, and 150.1010 and the repeal of §150.1008,
concerning teacher appraisal. The rules in 19 TAC Chapter 150, Subchapter
AA, address provisions relating to the Professional Development and
Appraisal System (PDAS). The proposed revisions would update and clarify
PDAS provisions.
The 74th Texas Legislature, 1995, created the requirements for
appraisal of teacher performance. In accordance with the Texas Education
Code (TEC), §21.351, the commissioner exercised rulemaking authority
to adopt 19 TAC Chapter 150, Commissioner's Rules Concerning Educator
Appraisal, Subchapter AA, Teacher Appraisal, establishing the PDAS.
The rules in 19 TAC Chapter 150, Subchapter AA, address provisions
on appraisals, data source documentation, conferences, intervention
plans, written responses, appraiser qualifications, and teacher orientation.
The proposed revisions to 19 TAC Chapter 150, Subchapter AA, would
update and clarify the PDAS requirements, as follows.
Section 150.1001, General Provisions, would be amended by adding
new subsection (d) to specify in rule the commissioner's authority
to appoint a regional education service center to manage the instructional
and management aspects of the PDAS. Subsection (d) would also specify
in rule the policy that has been in effect since 2001 that the designated
regional education service center may collect appropriate fees.
Section 150.1003, Appraisals, Data Sources, and Conferences, would
be amended throughout to clarify that the term "appraiser" refers
to an individual who is actually a "certified appraiser."
Section 150.1004, Teacher in Need of Assistance, would be amended
in subsection (b) to define who would be considered a teacher's supervisor.
Clarification of the term "certified appraiser" would also be made
in subsections (b) and (f) as well as minor, technical corrections
throughout the section.
Section 150.1005, Teacher Response and Appeals, would be amended
throughout to clarify the term "certified appraiser." Minor, technical
corrections would also be made throughout the section.
Section 150.1006, Appraiser Qualifications, would be amended by
adding new subsection (b) to define campus administrator and specify
that a qualified campus administrator would conduct a teacher's appraisal.
Clarifications and technical corrections would be made in subsection
(c). New subsection (d) would clarify existing provisions relating
to a certified appraiser who is a classroom teacher.
Section 150.1007, Teacher Orientation, would be amended in subsection
(a) to add the requirement that teachers to be appraised shall be
provided with an annual review of 19 TAC Chapter 150, Subchapter AA.
Section 150.1008, Training of Teacher Participants, would be repealed
since it is obsolete and no longer needed.
Section 150.1010, District Notification to Regional Education Service
Center, would be amended to add new subsection (b) requiring each
school district to report the summary of the evaluation scoring of
PDAS appraisals for all campuses in the school district. The section
title would also be updated accordingly.
The proposed amendment to 19 TAC §150.1010 would require each
school district to report campus-level information on teacher ratings
to its regional education service center. This reporting will be required
whether a district uses PDAS or a locally adopted instrument. The
proposed amendments and repeal would not require additional locally
maintained paperwork beyond what is already maintained. Districts
already have the evaluation scoring of their employees.
Jerel Booker, associate commissioner for educator quality and standards,
has determined that for the first five-year period the amendments
and repeal are in effect there will be no additional costs for state
or local government as a result of enforcing or administering the
amendments and repeal. The new language in 19 TAC §150.1001 relating
to collection of fees specifies in rule the policy that has been in
effect since 2001. The new language in 19 TAC §150.1010 relating
to reporting evaluation scoring should not create a new cost since
the information is already collected from districts.
Mr. Booker has determined that for each year of the first five
years the amendments and repeal are in effect the public benefit anticipated
as a result of enforcing the rule actions will be improved standardization
of teacher appraisals throughout the state. This improvement should
provide for improved accuracy in teacher appraisals leading to increased
rigor for students in classrooms. There is no anticipated economic
cost to persons who are required to comply with the proposed amendments
and repeal.
There is no direct adverse economic impact for small businesses
and microbusinesses; therefore, no regulatory flexibility analysis,
specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal begins July 31, 2009,
and ends August 31, 2009. Comments on the proposal may be submitted
to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas
Education Agency, 1701 North Congress Avenue, Austin, Texas 78701,
(512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512)
463-0028. A request for a public hearing on the proposal submitted
under the Administrative Procedure Act must be received by the commissioner
of education not more than 15 calendar days after notice of the proposal
has been published in the Texas Register on July 31, 2009.
Summer] education
bridge programs. The purpose of this program is for institutions of
higher education to provide public high school students
and other eligible students who are not college-ready with appropriate
instruction and other activities during summer
or other timeframes approved by the Coordinating Board [
programs] to ensure eligible students achieve college readiness.
summer]
bridge programs outlined under Texas Education Code, §61.0762,
shall be subject to this subsection.
Each year for which the state
appropriations or other funding is available, the] commissioner
or his/her designee shall issue a request for proposal/application,
memorandum of understanding, or other agreement for institutions to
implement [summer] bridge programs under this subsection.
The focus of these programs shall include mathematics, science,
social science, and/or English language arts for the following categories
of public high school students:
summer] bridge programs shall be outlined
in the request for proposal/application, memorandum of understanding,
or other agreement.
Each year for which the state
appropriations or other funding is available, the] commissioner
or his/her designee shall issue a request for proposal/application,
memorandum of understanding, or other agreement for institutions to
implement developmental education initiatives under this subsection.
The focus of these programs shall include mathematics, science,
social science, and/or English language arts for students who have
not met the minimum passing standards for college readiness as outlined
under §4.57 of this title [(relating to Minimum Passing Standards)
] or who are not exempt from requirements of the Texas
Success Initiative as outlined under §4.54 of this title [(relating
to Exemptions/Exceptions)].
[(c) Financial aid for college readiness
and college entrance assessments. The purpose of this program is to
obtain early assessments of college readiness and preparation of high
school students.]
Each year for which state
appropriations or other funding is available, the] commissioner
or his/her designee shall issue a request for proposal/application,
memorandum of understanding, or other agreement for institutions to
implement activities or programs of professional development for faculty
under this subsection. The focus of these programs shall be limited
to faculty who have responsibilities for developmental education and
entry-level courses and to the knowledge and skills, reflected in
the college readiness standards, that faculty can reasonably expect
students to have achieved who are entering those courses from public schools.
SUBCHAPTER L. INTENSIVE SUMMER PROGRAM GRANTS
PART 2. TEXAS EDUCATION AGENCY
under the TEC, §39.025,] before receiving a high school diploma.
2008]
are based upon specific procedures, standards, and performance indicators,
which are described in the Job Corps Diploma
Program Accountability Procedures Manual, dated August
2008, [August 2007,] provided in this subsection.
The specific procedures, standards, and performance indicators used
in the Job Corps Diploma Program Accountability
Procedures Manual adopted for use prior to 2009 [2008
] remain in effect for all purposes, including accountability,
data standards, and audits, with respect to the applicable school year.
Figure: 19 TAC §97.2001(d)]
assessment instruments required under the TEC, §39.023];
§39.074].
any] standard set under the TEC,
Chapter 39, for an accountability indicator used for performance ratings
[§39.073(b)], the program is considered a low-performing
program. If the Job Corps diploma program is low performing for a
period of two consecutive years or more, the commissioner of education
may close the program.
CHAPTER 150. COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL