Part 2.
TEXAS EDUCATION AGENCY
Chapter 53.
REGIONAL EDUCATION SERVICE CENTERS
Subchapter AA. COMMISSIONER'S RULES
19 TAC §53.1002
The Texas Education Agency (TEA) proposes an amendment to §53.1002,
concerning charter school representation on board of directors. The section
establishes provisions related to charter school member representation, term
of office, and appointment process. The proposed amendment would update the
rule to remove language relating to the transition period deadline that ended
May 31, 2003.
House Bill 6, 77th Texas Legislature, 2001, directed the commissioner to
adopt rules for a wide range of issues related to open-enrollment charter
schools, including those that provide for representation of open-enrollment
charter schools on the board of directors of regional education service centers.
19 TAC §53.1002 establishes provisions relating to a representative of
the open-enrollment charter schools in a region to serve as a non-voting member
of the board of directors of that regional education service center. The rule,
which was adopted to be effective July 8, 2002, specified details regarding
the charter school member, term of office, and appointment process and included
a transition period for the first year of the new provisions. The transition
period of June 1, 2002, through May 31, 2003, has now expired.
The proposed amendment to 19 TAC §53.1002 deletes the current subsection
(d), which refers to the transition period, and adds a new subsection (d)
relating to when no applicant is appointed. In an instance when the commissioner
does not select a representative from among existing applicants or if no applicant
applies for appointment, the new language would provide that a vacancy exists
that is to be filled in the manner currently provided for vacancies. This
amendment addresses an ambiguity in the existing rule where an insufficient
number of qualified applicants have timely applied for appointment under the
current rule.
Philip Cochran, Director of Education Service Center/Higher Education Financial
Support, has determined that for the first five-year period the amendment
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendment.
Mr. Cochran 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 an updated rule that helps charter schools gather information
and build relationships in order to better serve students. There will not
be an effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the amendment.
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 amendment 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
.
The amendment is proposed under the Texas Education Code (TEC), §12.104,
which authorizes the commissioner of education to adopt rules that provide
for the representation of open-enrollment charter schools on the boards of
directors of regional education service centers.
The amendment implements the TEC, §12.104.
§53.1002.Charter School Representation on Board of Directors.
(a) - (c)
(No change.)
(d)
No applicant appointed. If the commissioner
does not select a representative from among the applicants under subsection
(c) of this section, or if no applicant applies for such appointment, then
there shall be a vacancy which shall be filled by appointment by the commissioner
of education.
[(d)
Transition period deadlines. Notwithstanding
anything in this section, the following provisions shall govern where a charter
school member of an RESC board of directors is appointed to a term of office
that includes any of the period from June 1, 2002, through May 31, 2003:]
[(1)
Any eligible person wishing to seek appointment as a charter
school member of an RESC board of directors shall file an application during
a period commencing on the tenth day following the effective date of this
section and ending on the 30th day following the effective date of this section.
The application shall be filed in accordance with the process specified in
subsection (c) of this section.]
[(2)
Not later than the 90th day following the effective date
of this section, the commissioner of education shall notify the board of directors
of each qualifying RESC of the commissioner's appointee to serve as the charter
school member of that RESC board of directors.]
[(3)
The term of office of a charter school member of an RESC
board of directors appointed under this subsection shall begin on the day
the commissioner of education notifies the board of directors of the qualifying
RESC of the commissioner's appointee to serve as the charter school member
of that RESC board of directors and shall expire May 31, 2003.]
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 21, 2003.
TRD-200304371
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: August 31, 2003
For further information, please call: (512) 463-9701
Subchapter B. DEVELOPMENT AND ADMINISTRATION OF TESTS
19 TAC §101.23, §101.33
The State Board of Education (SBOE) proposes amendments to §101.23
and §101.33, concerning student assessment. Section 101.23 establishes
that the SBOE determines the level of performance considered to be satisfactory
on assessment instruments. Section 101.33 addresses the release of tests.
The proposed amendment to §101.23 incorporates into rule the performance
standards established by the SBOE. The proposed amendment to §101.33
reduces the frequency of release of tests to the public.
As mandated by Senate Bill (SB) 103, 76th Texas Legislature, 1999, the
Texas Education Agency developed a new statewide testing program, the Texas
Assessment of Knowledge and Skills (TAKS), which was first implemented in
the 2002-2003 school year. The SBOE is charged by law with the responsibility
to set the passing standards for the TAKS. In November 2002, when the SBOE
adopted performance standards for the TAKS, the SBOE adopted two cut points
that result in three student performance categories: Commended Performance,
Met the Standard, and Did Not Meet the Standard. For each standard, the SBOE
accepted the recommendations of advisory panels. The SBOE also established
a two-year phase-in period for the "Met" performance standard and followed
the national Technical Advisory Committee's recommendation to use the standard
error of measurement (SEM) statistic to determine the standards during the
phase-in period. For 2003, the passing standard was set at 2 SEM below the
panels' recommendations, moving up to 1 SEM below the next year, and then
to the panels' recommendations in the 2004 - 2005 school year. In general,
this transition plan means students would need to answer three to six fewer
questions correctly the first year than when the plan is fully implemented.
For example, Grade 3 students will be required to correctly answer 20 of 36
questions on the English reading exam to meet the standard in March 2003.
Subsequent Grade 3 reading tests will be equated to the March 2003 test in
order to ensure that the difficulty of the test forms remains the same. The
standard required in 2004 will then be equivalent to achieving a score of
22 of 36 questions on the spring 2003 test and the standard required in 2005
will be equivalent to achieving a score of 24 of 36 questions on the spring
2003 test.
The proposed amendment to §101.23 revises subsection (a) adding Figure
19 TAC §101.23(a) to incorporate into rule a table depicting the performance
standards established by the board for every grade and subject area. The performance
standards are proposed as a rule in order to provide greater public accessibility.
This table includes the TAKS scale score standards at the standard equivalent
to the recommendations of advisory panels, as well as those scale score standards
at 1 SEM and 2 SEM below the panels' recommendations. This is in accordance
with the phase-in schedule established by the SBOE for full implementation
of the TAKS performance standards. Language is also proposed in subsection
(a) to incorporate the action adopted in November 2002 to maintain equivalent
test forms in the future.
The proposed amendment to §101.33 revises language to reflect the
statutory change to Texas Education Code, §39.023(e), passed by the 78th
Texas Legislature, 2003, requiring a reduction in the frequency of releasing
assessments to the public to only every other year.
Ann Smisko, Associate Commissioner for Curriculum, Assessment, and Technology,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amendments.
Dr. Smisko has determined that for each year of the first five years the
amendments are in effect the public benefit anticipated as a result of enforcing
the amendments will be the inclusion of additional specifications and clarification
relating to performance standards and release of tests. There will not be
an effect on small businesses. There is no anticipated economic cost to persons
who are required to comply with the amendments.
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 amendments 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
.
The amendments are proposed under Texas Education Code, Chapter
39, Subchapter B, which authorizes the State Board of Education to adopt rules
to create and implement a statewide assessment program.
The amendments implement the TEC, Chapter 39, Subchapter B.
§101.23.Performance Standards.
(a)
Except as otherwise provided by the Texas Education Code
(TEC), Chapter 39, Subchapter B, the State Board of Education
(SBOE)
shall determine the level of performance considered to be satisfactory
on the assessment instruments.
The table in this subsection identifies
the performance standards established by the SBOE for the Texas Assessment
of Knowledge and Skills (TAKS). The "commended" and "met" standards are based
on spring 2003 operational test forms. Future forms will be equated by the
Texas Education Agency to the 2003 assessments in order to ensure that equivalent
standards are maintained.
Figure: 19 TAC §101.23(a) (.pdf format)
(b)
The alternative assessment of academic skills will measure
annual growth based on appropriate expectations for each student receiving
special education services, as determined by the student's admission, review,
and dismissal (ARD) committee in accordance with criteria established by the
commissioner of education as required by the TEC, §39.024(a).
§101.33.Release of Tests.
Every other year after the 2004 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 21, 2003.
TRD-200304372
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: August 31, 2003
For further information, please call: (512) 463-9701
Chapter 101.
ASSESSMENT
At
the end of each school year
], the Texas Education Agency shall release
all test items and answer keys required under the Texas Education Code (TEC),
Chapter 39, Subchapter B. After a period of five years, each test item that
has been field-tested but not used on a test will be released.
Subchapter E. LOCAL OPTION