PART 2. TEXAS EDUCATION AGENCY
CHAPTER 97. PLANNING AND ACCOUNTABILITY
SUBCHAPTER AA. ACCOUNTABILITY AND PERFORMANCE MONITORING
(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 19 TAC §97.1005 is not included in the print version of the Texas Register. The figure is available in the on-line version of the June 19, 2009, issue of the Texas Register.)
The Texas Education Agency (TEA) proposes an amendment to §97.1005, concerning accountability and performance monitoring. The section describes the purpose of the Performance-Based Monitoring Analysis System (PBMAS) and manner in which school districts and charter school performance is reported. The section also adopts the most recently published PBMAS Manual. The proposed amendment would adopt applicable excerpts of the Performance-Based Monitoring Analysis System 2009 Manual. Earlier versions of the manual will remain in effect with respect to the school years for which they were developed.
House Bill 3459, 78th Texas Legislature, 2003, added the Texas Education Code (TEC), §7.027, limiting and redirecting monitoring done by the TEA 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. Legislation passed in 2005 renumbered TEC, §7.027, to TEC, §7.028. To meet this monitoring requirement, the agency developed the Performance-Based Monitoring Analysis System (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. Given the statewide application of the PBMAS and the existence of sufficient statutory authority for the commissioner of education to formally adopt rules in this area, portions of each annual PBMAS Manual have been adopted since the first PBMAS Manual was developed in 2004-2005. The PBMAS evolves from year to year, and the intent is to annually update 19 TAC §97.1005 to refer to the most recently published PBMAS Manual.
The proposed amendment to 19 TAC §97.1005 would update the current rule by adopting excerpted sections of the PBMAS 2009 Manual. These excerpted sections describe the specific criteria and calculations that will be used to assign 2009 PBMAS performance levels.
The 2009 PBMAS includes several key changes from the 2008 system. New standards and cut points are being proposed for several PBMAS indicators, including the Limited English Proficient (LEP) Participation Rate, Career and Technical Education (CTE) Nontraditional Course Completion Rate, the Texas Assessment of Knowledge and Skills (TAKS)/TAKS (Accommodated) Participation Rate, the 3-5 Year Olds Less Restrictive Environment (LRE) Placement Rate, the 6-11 Year Olds LRE Placement Rate, the 12-21 Year Olds LRE Placement Rate, and the Special Education Discretionary Placements to In-School Suspension. The Texas English Language Proficiency Assessment System (TELPAS) Reading Multi-Year Beginning Proficiency Level Rate indicator, which was suspended for the 2008 PBMAS, has been reinstated.
A new indicator to measure the performance of LEP students not served in a Bilingual Education (BE) or English as a Second Language (ESL) program has been added to the BE/ESL program area along with a Grades 9-12 LEP Annual Dropout Rate indicator and an indicator entitled TELPAS Composite Rating Levels for Students in U.S. Schools Multiple Years. The hold harmless provision which was added to the 2008 PBMAS to address the impact of the phase-in of TAKS (Accommodated) and Grade 8 Science results has been removed. Changes to the PBMAS indicators for 2009 are marked in the manual as "New!" for easy reference.
The proposed amendment would also modify subsection (d) to specify that the PBMAS Manual adopted for the school years prior to 2009-2010 will remain in effect with respect to those school years.
The proposal would establish in rule the PBMAS procedures for assigning the 2009 PBMAS performance levels. Applicable procedures will be adopted each year as annual versions of the PBMAS Manual are published. The proposed amendment would have no locally maintained paperwork requirements.
Criss Cloudt, associate commissioner for assessment, accountability, and data quality, has determined that for the first five-year period the amendment is in effect there will be no additional costs for state and local government as a result of enforcing or administering the amendment.
Dr. Cloudt 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 amendment will be to continue to inform the public of the existence of annual manuals specifying PBMAS procedures by including this rule in the Texas Administrative Code. 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 June 19, 2009, and ends July 20, 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 June 19, 2009.
The amendment is proposed under the Texas Education Code, §7.028, which authorizes the agency to monitor as necessary to ensure school district and charter school compliance with state and federal law and regulations.
The amendment implements the Texas Education Code, §7.028.
§97.1005.Performance-Based Monitoring Analysis System.
(a) In accordance with Texas Education Code, §7.028(a), the purpose of the Performance-Based Monitoring Analysis System (PBMAS) is to report annually on the performance of school districts and charter schools in selected program areas: bilingual education/English as a Second Language, career and technical education, special education, and certain Title programs under the federal No Child Left Behind Act. The performance of a school district or charter school is reported through indicators of student performance and program effectiveness and corresponding performance levels established by the commissioner of education.
(b) The assignment of performance levels for school
districts and charter schools in the 2009 [2008]
PBMAS is based on specific criteria and calculations, which are described
in excerpted sections of the PBMAS 2009 [2008]
Manual provided in this subsection.
Figure: 19 TAC §97.1005(b) (.pdf)
[Figure: 19 TAC §97.1005(b)]
(c) The specific criteria and calculations used in the PBMAS are established annually by the commissioner of education and communicated to all school districts and charter schools.
(d) The specific criteria and calculations used in
the annual PBMAS manual adopted for the school years prior to
2009-2010 [2008-2009
] remain in effect for all purposes, including
accountability and performance monitoring, data standards, and audits,
with respect to those school years.
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 June 8, 2009.
TRD-200902274
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: July 19, 2009
For further information, please call: (512) 475-1497