TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 97. PLANNING AND ACCREDITATION

Subchapter AA. ACCOUNTABILITY RATINGS AND ACKNOWLEDGMENTS

1. STANDARD ACCOUNTABILITY SYSTEM

19 TAC §97.1003

The Texas Education Agency (TEA) proposes new §97.1003, concerning the Texas public school accountability system. The proposed new section adopts by reference Sections 1 and 2 of the 2003 Accountability Plan , dated July 2002, which specifies the procedures by which the accountability system will be administered in 2003.

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 . 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 proposed new section adopts by reference Sections 1 and 2 of the 2003 Accountability Plan , dated July 2002.

The 2003 accountability system will provide a transition from the current accountability rating system that uses Texas Assessment of Academic Skills (TAAS) results and annual dropout rates to the new accountability rating system that will use Texas Assessment of Knowledge and Skills (TAKS) results and longitudinal completion rates. State statute requires annual district performance ratings with the standard accountability labels of Exemplary , Recognized , Academically Acceptable , and Academically Unacceptable . Campuses must also be evaluated annually; however, accountability labels for campuses are not specified in statute. To comply with state statute, district 2002 accountability ratings will be carried forward to 2003. A separate December 2003 performance evaluation will address the requirement for annual campus evaluations.

The December 2003 accountability evaluations will be based on 2003 performance data and the 2004 accountability standards. Districts will be identified in the December 2003 accountability evaluations as 2003 Performance Meets 2004 Standard(s) or 2003 Performance Does Not Meet 2004 Standard(s) . Districts with a 2002 accountability rating of Academically Unacceptable and a designation 2003 Performance Does Not Meet 2004 Standard(s) will receive follow-up site visits during the 2003 - 2004 school year. Campus performance evaluations will identify the indicators and student groups for which 2003 performance fails to meet the 2004 accountability standard(s). Campuses will not receive the designation 2003 Performance Meets 2004 Standard(s) or 2003 Performance Does Not Meet 2004 Standard(s) .

Criss Cloudt, Associate Commissioner for Accountability Reporting and Research, has determined that for the first five-year period the new section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the new section.

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

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Accountability Reporting and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed new section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposed new section has been published in the Texas Register .

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

§97.1003.Adoption by Reference: 2003 Accountability Plan.

(a) The standard procedures by which the Texas public school accountability system will be administered for school year 2002-2003 are described in the official Texas Education Agency (TEA) publication, Sections 1 and 2 of the 2003 Accountability Plan , dated July 2002, which is adopted by this reference as the agency's official rule. A copy of the 2003 Accountability Plan 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 Sections 1 and 2 of the 2003 Accountability Plan 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 June 26, 2002.

TRD-200204023

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Earliest possible date of adoption: August 11, 2002

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


Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 241. PRINCIPAL CERTIFICATE

19 TAC §241.40

The State Board for Educator Certification (Board or SBEC) proposes a correcting amendment to 19 TAC §241.40, relating to standard principal certificate implementation dates.

This amendment is being reproposed because of errors in the original rule-amendment proposal and adoption notices. No substantive change is made or intended from what the Board originally proposed and adopted or from what the State Board of Education originally reviewed and did not reject.

The original proposal for the amendment to 19 TAC §241.40, relating to standard principal certificate implementation dates, appeared in the March 30, 2001, Texas Register (26 TexReg 2473). On page 26 TexReg 2475, however, the proposed new subsection (d) did not correctly reference the new section heading for §241.20. The amendment should have appeared as follows:

(d) September 1, 2002 -- §241.20 of this title (relating to Requirements for the First-Time Principal in Texas).

As published, the proposed new subsection incorrectly referred to the title of §241.20 as "relating to Requirements for the Issuance of the Conditional Principal Certificate and the Induction Period." The proposed and eventually adopted amendments to §241.20 deleted provisions for and references to the conditional certificate and its associated induction period. Amended §241.20 instead established requirements for school districts to mentor and support principals employed as such for the first time in Texas. New subsection (d) was added to §241.40 to specify when the mentoring and support requirements in new §241.20 must begin.

A correction-of-error notice was published in the April 27, 2001, Texas Register (26 TexReg 3245) to this effect, with the text of the correct version of new subsection (d) to §241.40. However, when the adoption of amended §241.40(d) was published in the June 1, 2001, Texas Register (26 TexReg 3929), the notice stated that it was being adopted "without changes to the text of the proposed rules as published in the March 30, 2001, issue of the Texas Register (26 TexReg 2473)." The adoption notice contained the following statements, which are consistent with the April 27 correction notice and the Board's intention:

"Section 241.40, relating to implementation dates, deletes the reference to the eliminated Conditional Certificate and its associated induction period in former §241.20, replacing it with a reference to the amended requirements for issuance of the Standard Principal Certificate. New Subsection (d) is added to §241.40 to specify when the requirements found in new §241.20 for districts' mentoring and support of first-time principals must begin."

For these reasons, then, the original amendment to §240.40(d) is being reproposed now.

No fiscal impact is anticipated from the proposed amendment for state or local governments.

Stephen Wright, Chief Financial Officer, was responsible for preparing this fiscal-impact note.

The public would benefit from the proposed amendment by having a correct public record of the Board's rulemaking decisions and by having an ambiguity as to the elimination of the conditional certificate and related induction period for standard principal certificate candidates removed. The public should incur no additional costs as a result of the implementation of the proposed rules.

Dan Junell, General Counsel, was responsible for preparing this public benefits and costs note.

Interested persons wishing to comment on the proposed rules must submit their comments in writing to Dan Junell, General Counsel, State Board for Educator Certification, 1001 Trinity, Austin, Texas 78701-2603, within the 30-day comment period, which begins on the date of publication of this issue of the Texas Register . The comments should contain the following reference: "Comments on proposed amendments to 19 TAC §241.40, relating to standard principal certificate implementation dates."

The amendments relating to the standard principal certificate are proposed under the authority of the following sections of the Texas Education Code: §21.040(4), which requires the Board to appoint for each class of educator certificate an advisory committee composed of members of that class to recommend standards for that class to the Board; §21.041(b)(2)-(4), which requires the Board to specify the classes of certificates to be issued, specify the period of validity for each class of educator certificate, and specify requirements for the issuance and renewal of an educator certificate; §21.046, which specify the minimum qualifications for certification as a principal; and §21.054, which requires the Board to establish a process for identifying continuing education courses and programs that fulfill continuing education requirements, including an individual assessment of a principal's knowledge, skills, and proficiencies.

No other statute, code, or article is affected by the proposed amendment.

§241.40.Implementation Dates.

(a) September 1, 1999 -- §241.1 of this title (relating to General Provisions); §241.30 of this title (relating to Requirements to Renew the Standard Principal Certificate); and §241.35 of this title (relating to Assessment Process Definition and Approval of Individual Assessments).

(b) September 1, 2000 -- §241.5 of this title (relating to Minimum Requirements for Admission to a Principal Preparation Program); §241.10 of this title (relating to Preparation Requirements); and §241.15 of this title (relating to Standards for the Principal Certificate); §241.25(1) and (2) of this title (relating to Requirements for Issuance of the Standard Principal Certificate).

(c) September 1, 2001 -- §241.25(3) of this title.

(d) September 1, 2002 -- §241.20 of this title (relating to Requirements for the First-Time Principal in Texas [ Issuance of the Conditional Principal Certificate and the Induction Period ]).

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 1, 2002.

TRD-200204153

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: August 11, 2002

For further information, please call: (512) 469-3011