TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 97. PLANNING AND ACCREDITATION

Subchapter AA. ACCOUNTABILITY RATINGS AND ACKNOWLEDGMENTS

19 TAC §97.1001, §97.1002

The Texas Education Agency (TEA) proposes new §97.1001 and §97.1002, concerning school district accountability ratings and acknowledgments.

The new sections adopt by reference Part I of the 2000 Accountability Manual , dated April 2000, which specifies the indicators, standards, and procedures used by the commissioner of education to determine standard accountability ratings and to determine acknowledgment on additional indicators for Texas public school districts and campuses, as authorized by Texas Education Code (TEC), §§39.051(c)-(e), 39.073, 39.074(a)-(b), and 39.075. Part I of the 2000 Accountability Manual also specifies procedures for submitting an appeal and system safeguard analyses used to assess the integrity of the accountability system.

Given the statewide application of the accountability rating process and the existence of sufficient statutory authority for the commissioner of education to adopt by reference Part I of the 2000 Accountability Manual , legal counsel with the TEA has recommended that the procedures for issuing regular accountability ratings for public school districts and campuses be adopted as part of the Texas Administrative Code .

Criss Cloudt, associate commissioner for policy planning and research, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state and local governments as a result of enforcing or administering the new sections.

Dr. Cloudt has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be increased knowledge by the public of the existence of annual manuals specifying rating procedures for the public schools. There will not be an effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the proposed new sections.

Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tmail.tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed sections submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections have been published in the Texas Register .

The new sections are proposed under the Texas Education Code, §§39.051(c)-(e), 39.073, 39.074(a)-(b), and 39.075, which authorize the commissioner of education to specify the indicators, standards, and procedures used to determine standard accountability ratings and to determine acknowledgment on additional indicators.

The new sections implement the Texas Education Code, §§39.051(c)-(e), 39.073, 39.074(a)-(b), and 39.075.

§97.1001. Annual Accountability Standards.

(a)

The rating standards established by the commissioner of education under Texas Education Code (TEC), §39.051(c) and (d), shall be used to evaluate the performance of districts, campuses, and charter schools. These rating standards will be annually published in official Texas Education Agency (TEA) publications. These publications will be widely disseminated and cover the following procedures:

(1)

indicators, standards, and procedures used to determine district ratings;

(2)

indicators, standards, and procedures used to determine campus ratings;

(3)

indicators, standards, and procedures used to determine acknowledgment on Additional Indicators;

(4)

procedures for submitting a rating appeal; and

(5)

system safeguards analyses used to assess the integrity of the accountability system.

(b)

Ratings may be revised as a result of investigative activities by the commissioner as authorized under TEC, §39.074 and §39.075.

§97.1002. Adoption by Reference: Standard Procedures.

(a)

The standard procedures by which districts and campuses are rated and acknowledged for school year 1999-2000 are described in the official Texas Education Agency (TEA) publication, Part 1 of the 2000 Accountability Manual, dated April 2000, which is adopted by this reference as the agency's official rule. A copy of the 2000 Accountability Manual is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. In addition, the publication can be accessed from the Texas Education Agency official website.

(b)

The commissioner of education shall amend Part 1 of the 2000 Accountability Manual and this section adopting it by reference, as needed.

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 April 10, 2000.

TRD-200002510

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: May 21, 2000

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