Part 2.
TEXAS EDUCATION AGENCY
Chapter 33.
STATEMENT OF INVESTMENT OBJECTIVES, POLICIES, AND GUIDELINES OF THE TEXAS PERMANENT SCHOOL FUND
19 TAC §33.65
The State Board of Education (SBOE) proposes an amendment
to §33.65, concerning the Texas Permanent School Fund (PSF). Section
33.65 establishes provisions for the administration of the guarantee program
for school district bonds. The proposed amendment would modify the administration
of the PSF bond guarantee program. Changes to this rule are prompted by the
need to clarify the current application process and to act on advice of legal
counsel regarding the amount of capacity to be held in reserve.
Texas Education Code (TEC), §7.102(c)(33), authorizes the SBOE to
adopt rules for the implementation of the guaranteed bond program as authorized
in TEC, Chapter 45, School District Funds, Subchapter C, Guaranteed Bonds.
Section 33.65 is the rule the SBOE adopted to implement the program. TEC, §45.053,
limits the amount of bonds that can be guaranteed and requires an annual report
to determine whether the amount of bonds guaranteed is within the limit. In
November 2004, the SBOE adopted changes to the rule because the capacity of
the fund to guarantee bonds was at its limit, prompting the need to limit
access to the program. These rule changes took effect December 5, 2004. Further
revisions are necessary to clarify the administration of the program and to
increase the amount of capacity held in reserve based on the advice of legal
counsel.
19 TAC §33.65 establishes the administration of the guarantee bond
program, definitions applicable to the program, data sources used for the
purposes of prioritization, and provisions related to application processing,
including refunding issues, estimates of available capacity, and capacity
reserved for emergencies; school district applications for guarantees, including
commissioner review of applicants; limitations on the total amounts of bonds
that may be guaranteed under the program; allocation of specific holdings
of the PSF; defeasement of bonds; issuance of bonds; payments; guarantee restrictions;
and transition for certain applications.
The proposed amendment to 19 TAC §33.65 would clarify the treatment
of applications for the guarantee for which there remains insufficient capacity
to guarantee fully and increase the amount of capacity that is held in reserve.
In addition, the proposed amendment would clarify the types of bonds which
are eligible for a guarantee. Specifically, the proposed amendment includes
the following changes.
Language regarding the deadline by which to receive applications would
be added to subsection (b)(3). New language would be added to subsection (b)
to define new money and refunding issues and to clarify the eligibility of
combination issues. In subsection (d)(3), language would be added to subparagraph
(B) to clarify refunding issues eligible for guarantee and new subparagraph
(E) would be added regarding refunding transactions. Language regarding the
amount of capacity to be held in reserve for emergencies and the treatment
of applications for which capacity is insufficient to fully guarantee the
proposed bond issue would be added to subsection (d)(5). Language regarding
the time period to receive bond approval from the Office of the Attorney General
would be added to subsection (d)(7). Subsection (d)(7) would also be modified
by adding new subparagraph (D) to specify the requirement that bonds not be
represented as guaranteed until the date of the letter granting approval.
New paragraph (3) would be added to subsection (f) to specify that the eligibility
of bonds to receive guarantee is limited to new money, refunding, and combination
issues. Subsection (n) regarding transitional provisions would be deleted.
Joe Wisnoski, deputy associate commissioner for school finance and fiscal
analysis, has determined that for the first five-year period the amendment
is in effect there are no anticipated costs to the state as a result of enforcing
or administering the amendment related to these modifications of policies
that guide the administration of the guaranteed bond program. In terms of
impact on local governments, the need to create a larger reserve would reduce
the capacity of the fund to guarantee bond issues, which may create a greater
need on the part of districts to purchase private bond insurance. Potential
costs to districts related to the purchase of private bond insurance is impossible
to estimate because the costs are driven by the unique circumstances of school
districts that propose to issue bonds, including the market's assessment of
the district's financial condition and the proposed bond issue.
Mr. Wisnoski 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 is that the PSF bond guarantee program provides low-cost bond
insurance to school districts in Texas and ensures that the bonds issued by
school districts under this program will be rated AAA in the bond market.
This superior bond rating allows districts to market their bonds at the lowest
possible interest rates and thus reduces the long-term costs of the bonds
for school districts and taxpayers. There will be no 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,
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. 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, §7.102(c)(33),
which authorizes the SBOE to adopt rules as necessary for the administration
of the guaranteed bond program as provided under TEC, Chapter 45, Subchapter
C.
The amendment implements the Texas Education Code, §7.102(c)(33),
and §45.053.
§33.65.Guarantee Program for School District Bonds.
(a)
Statutory provision. The commissioner of education shall
administer the guarantee program for school district bonds according to the
provisions of the Texas Education Code (TEC), Chapter 45, Subchapter C.
(b)
Definitions. The following definitions apply to the guarantee
program for school district bonds.
(1)
Annual debt service--Payments of principal and interest
on outstanding bonded debt scheduled to occur between September 1 and August
31 during the fiscal year in which the guarantee is sought as set forth in
the final official statement or the final bond order for the bonds most recently
issued by the district, if the district has outstanding bonded indebtedness.
(A)
The annual debt service does not include the amount of
debt service to be paid on the bonds for which the reservation is sought.
(B)
The debt service amounts used in this calculation for
variable rate bonds will be that which is published in the final official
statement.
(2)
Bond order--The order adopted by the governing body of
a school district that authorizes the issuance of bonds.
(3)
Application deadline--The last business day of the month
in which an application for a guarantee is filed.
Applications must be
received by the Texas Education Agency division responsible for state funding
by 5:00 p.m. on the last business day of the month in order to be considered
in that month's application processing.
(4)
New money issue--An issuance of bonds
for the purposes of constructing, renovating, acquiring, and equipping school
buildings; the purchase of property; or the purchase of school buses. Eligibility
for the guarantee for new money issues is limited to the issuance of bonds
authorized under TEC, §45.003. A new money issue does not include the
issuance of bonds to purchase a facility from a public facility corporation
created by the school district or to purchase any property that is currently
under a lease-purchase contract under Local Government Code, Chapter 271,
Subchapter A. A new money issue does not include an issuance of bonds to refinance
any type maintenance of tax-supported debt. Maintenance tax-supported debt
includes, but is not limited to:
(A)
time warrants or loans entered under TEC, Chapter 45,
Subchapter E; or
(B)
any other type of loan or warrant that is not supported
by bond taxes as defined by TEC, §45.003.
(5)
Refunding issue--An issuance of bonds
for the purpose of refunding bonds that are supported by bond taxes as defined
by TEC, §45.003. Eligibility for the guarantee for refunding issues is
limited to refunding issues that refund bonds that were authorized by a bond
election under TEC, §45.003.
(6)
[
(7)
[
(8)
[
(c)
Data sources.
(1)
The following data sources shall be used for purposes
of prioritization:
(A)
projected ADA as adopted by the legislature for appropriations
purposes;
(B)
final property values certified by the comptroller of
public accounts for the tax year preceding the year in which the bonds will
be issued. If final property values are unavailable, the most recent projection
of property values by the comptroller shall be used;
(C)
annual debt service, as defined in subsection (b)(1) of
this section, due during the fiscal year in which the proposed debt will be
issued. The amount of debt service on the proposed bond issue will not be
included in the calculation of annual debt service; and
(D)
enrollment increases over the previous five years shall
be determined using Public Education Information Management System (PEIMS)
submission data available at the time of application.
(2)
The commissioner may consider adjustments to data values
determined to be erroneous prior to the deadline for receipt of applications
for that application cycle.
(d)
Application processing. To facilitate prioritization of
applications for the guarantee, all applications received during a calendar
month will be held until the tenth business day of the subsequent month. On
the tenth business day of each month, the commissioner of education will announce
the results of the prioritization described in paragraph (5) of this subsection
and process applications for the guarantee up to the available capacity, subject
to the requirements of this subsection.
(1)
The school district may not submit an application for
a guarantee prior to the successful passage of an authorizing proposition.
(2)
The actual guarantee of the bonds is subject to the approval
process prescribed in subsection (e) of this section.
(3)
Refunding issues must comply with the following requirements
in order to retain eligibility for the guarantee for the refunding bonds.
(A)
The district must be accredited.
(B)
The bonds to be refunded must have been previously guaranteed
by the Permanent School Fund (PSF).
Only refunding issues as defined
in subsection (b)(5) of this section are eligible for the guarantee.
(C)
The district must demonstrate that issuing the refunding
bond(s) will result in a present value savings to the district and must not
have a maturity date later than the final maturity date of the bonds being
refunded. Present value savings is determined by computing the net present
value of the difference between each scheduled payment on the original bonds
and each scheduled payment on the refunding bonds. Present value savings shall
be computed at the true interest cost of the refunding bonds.
(D)
In the event that a district files an application for
a combination issue, the application will be treated as a single issue for
the purposes of eligibility for the guarantee. A guarantee for the combination
issue will be awarded only if both the new money portion and the refunding
portion meet all of the eligibility requirements described in this subsection.
The district making the application must present data to the commissioner
that demonstrates compliance for both the new money portion of the issue and
the refunding portion of the issue.
(E)
The refunding transaction must comply
with the provisions of paragraph (7)(A) and (C) of this subsection.
(4)
The commissioner of education will estimate the available
capacity of the Texas Permanent School Fund (PSF) on a monthly basis.
(5)
The State Board of Education (SBOE) shall establish
an amount of capacity to be held in reserve of no less than 5.0% of the fund's
capacity.
Guarantees will be awarded each month beginning with the districts
with the lowest property wealth per ADA until the PSF reaches [
(A)
The amount to be held in reserve may
be increased by a majority vote of the SBOE based on changes in the asset
allocation and risk in the portfolio and unrealized gains in the portfolio.
(B)
Guarantees will be awarded to applicants
based on the fund's capacity to fully guarantee the bond issue for which the
guarantee is sought. Applications for bond issues that cannot be fully guaranteed
will not receive an award. The amount of bond issue for which the guarantee
was requested may not be modified after the monthly application deadline for
the purposes of securing the guarantee during the award process.
(6)
An application received after the application deadline
shall be considered a valid application for the subsequent month, unless withdrawn
by the submitting district before the end of the subsequent month.
(7)
Each district that submits a valid application shall be
notified of the application status within ten business days of the end of
the month following the application deadline.
(A)
If a district is awarded a guarantee, the bonds must be
approved by the Office of the Attorney General within
120
[
(B)
If a district does not receive a guarantee or for any
reason does not receive approval of the bonds from the Office of the Attorney
General within the specified time period, the district may re-apply in a subsequent
month. Applications that were denied a guarantee will not be retained for
consideration in subsequent months.
(C)
If the bonds are not approved by the Office of the Attorney
General within
120
[
(D)
Districts may not represent the bonds
as guaranteed for the purposes of pricing or marketing the bonds prior to
the date of the letter granting approval of the guarantee.
(e)
Application for the guarantee.
(1)
Districts shall apply to the commissioner of education
for the guarantee of eligible bonds. The district shall submit, in a form
specified by the commissioner, the information required under the TEC, §45.055(b),
and this section and any additional information the commissioner may require.
The application and all additional information required by the commissioner
must be received before the application will be processed. The application
shall be accompanied by a fee to be set by the commissioner and approved by
the
SBOE
[
(2)
Under the TEC, §45.056, the commissioner shall investigate
the applicant school district's accreditation status and financial status.
A district must be accredited and financially sound to be eligible for approval
by the commissioner. The commissioner's review shall include the following:
(A)
the purpose of the bond issue;
(B)
the district's accreditation status and compliance with
statutes and rules of the Texas Education Agency; and
(C)
the district's financial status and stability, including
approval of the bonds by the attorney general under the provisions of the
TEC, §45.0031 and §45.005.
(f)
Limitations on access to the guarantee.
(1)
The following limitations apply to bonds for which the
election authorizing the issuance of bonds was called after July 15, 2004.
(2)
The commissioner shall limit approval of the guarantee
to a district with less than $1,250 of annual debt service per student in
ADA at the time of the application for a guarantee. The limitation shall not
apply to school districts that have enrollment that is 25% higher than the
enrollment reported five years earlier, based on PEIMS data available at the
time of application. The annual debt service amount is the amount defined
by subsection (b)(1) of this section.
(3)
The eligibility of bonds to receive the
guarantee is limited to those new money, refunding, and combination issues
as defined in subsection (b)(4)-(6) of this section.
(g)
Allocation of specific holdings. If necessary to successfully
operate the guarantee program, the commissioner may allocate specific holdings
of the PSF to specific bond issues guaranteed under this section. This allocation
shall not prejudice the right of the SBOE to dispose of the holdings according
to law and requirements applicable to the fund; however, the SBOE shall ensure
that holdings of the PSF are available for a substitute allocation sufficient
to meet the purposes of the initial allocation. This allocation shall not
affect any rights of the bond holders under law.
(h)
Defeasement. The guarantee shall be completely removed
when bonds guaranteed by this program are defeased, and such a provision shall
be specifically stated in the bond resolution. If bonds guaranteed by this
program are defeased, the district shall notify the commissioner in writing
within ten calendar days of the action.
(i)
Bonds issued before August 15, 1993. For bonds issued
before August 15, 1993, a school district seeking the guarantee of eligible
bonds shall certify that, on the date of issuance of any bond, no funds received
by the district from the Available School Fund (ASF) are reasonably expected
to be used directly or indirectly to pay the principal or interest on, or
the tender or retirement price of, any bond of the political subdivision or
to fund a reserve or placement fund for any such bond.
(j)
Bonds guaranteed before December 31, 1993. For bonds guaranteed
before December 1, 1993, if a school district cannot pay the maturing or matured
principal or interest on a guaranteed bond, the commissioner shall cause the
amount needed to pay the principal or interest to be transferred to the district's
paying agent solely from the PSF and not from the ASF. The commissioner also
shall direct the comptroller of public accounts to withhold the amount paid,
plus interest, from the first state money payable to the district, excluding
payments from the ASF.
(k)
Bonds issued after August 15, 1993, and guaranteed on
or after December 1, 1993. If a school district cannot pay the maturing or
matured principal or interest on a guaranteed bond, the commissioner shall
cause the amount needed to pay the principal or interest to be transferred
to the district's paying agent from the PSF. The commissioner also shall direct
the comptroller of public accounts to withhold the amount paid, plus interest,
from the first state money payable to the district, regardless of source,
including the ASF.
(l)
Payments. For purposes of the provisions of the TEC, Chapter
45, Subchapter C, matured principal and interest payments are limited to amounts
due on guaranteed bonds at scheduled maturity, at scheduled interest payment
dates, and at dates when bonds are subject to mandatory redemption, including
extraordinary mandatory redemption, in accordance with their terms. All such
payment dates, including mandatory redemption dates, must be specified in
the order or other document pursuant to which the bonds initially are issued.
Without limiting the provisions of this subsection, payments attributable
to an optional redemption or a right granted to a bondholder to demand payment
upon a tender of such bonds in accordance with the terms of the bonds do not
constitute matured principal and interest payments.
(m)
Guarantee restrictions. The guarantee provided for eligible
bonds in accordance with the provisions of the TEC, Chapter 45, Subchapter
C, is restricted to matured bond principal and interest. The guarantee does
not extend to any obligation of a district under any agreement with a third
party relating to bonds that is defined or described in state law as a "bond
enhancement agreement" or a "credit agreement," unless the right to payment
of such third party is directly as a result of such third party being a bondholder.
[(n)
Transitional provisions. Applications
with a sale date beyond December 31, 2004, or received after October 8, 2004,
will be subject to the provisions of this section as amended to be effective
December 5, 2004. This subsection expires effective September 1, 2005.]
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 25, 2005.
TRD-200503035
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 475-1497
Subchapter C. OTHER PROVISIONS
19 TAC §74.25
The State Board of Education (SBOE) proposes an amendment
to §74.25, concerning curriculum requirements. The section establishes
provisions relating to high school credit for college courses. The proposed
amendment would change the process through which students receive high school
graduation credit for college courses.
Adopted to be effective September 1, 1996, 19 TAC §74.25 currently
allows a school district board of trustees to adopt a policy that allows a
student to be awarded credit toward high school graduation for completion
of a college-level course. The rule requires that the course must be provided
only by an institution of higher education that is accredited by one of several
regional accrediting associations.
The rule currently establishes that to be eligible to enroll and be awarded
credit toward state graduation requirements, a student must have the approval
of the high school principal or other school official designated by the school
district. The rule specifies that the course for which credit is awarded must
provide advanced academic instruction beyond, or in greater depth than, the
essential knowledge and skills for the equivalent high school course.
The proposed amendment would change the process for awarding high school
graduation credit for completion of college courses. Language referring to
a policy adopted by the school district board of trustees would be removed
from subsection (a). In addition, language would be added to subsection (b)
to require the acceptance and transferability of credit earned from an accredited
institution of higher education toward state high school graduation requirements.
Subsection (b) would also be revised to remove the requirement for prior approval
of the high school principal or other designated school official.
Susan Barnes, Associate Commissioner for Standards and Programs, 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.
Dr. Barnes 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 would be clarification of the provision providing students with
additional options for completing high school graduation requirements. There
will be no 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,
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. 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, §7.102,
which authorizes the SBOE to establish curriculum and graduation requirements; §28.002,
which authorizes the SBOE to by rule identify the essential knowledge and
skills of each subject of the required curriculum that all students should
be able to demonstrate and that will be used in evaluating textbooks and addressed
on the assessment instruments; and §28.025, which authorizes the SBOE
to by rule determine curriculum requirements for the minimum, recommended,
and advanced high school programs that are consistent with the required curriculum.
The amendment implements the Texas Education Code, §§7.102, 28.002,
and 28.025.
§74.25.High School Credit for College Courses.
(a)
Credit
[
(1) - (6)
(No change.)
(b)
Credit earned toward state graduation requirements
by a student in an accredited institution of higher education within Texas
shall be transferable and must be accepted by a school district in the state.
[
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 25, 2005.
TRD-200503036
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 475-1497
Subchapter B. DEVELOPMENT AND ADMINISTRATION OF TESTS
19 TAC §101.23
The State Board of Education (SBOE) proposes an amendment
to §101.23, concerning student assessment. The section sets forth the
SBOE-determined level of performance considered to be satisfactory on assessment
instruments. The proposed amendment would set the performance standards for
the Grade 8 science assessment. The Texas Education Code (TEC), §39.024(a),
authorizes the SBOE to set the standard for satisfactory performance on the
Texas Assessment of Knowledge and Skills (TAKS).
The 2001 federal No Child Left Behind Act requires that science be assessed
in each of the following grade spans: Grades 3 - 5, 6 - 9, and 10 - 12 by
the 2007 - 2008 school year. At the state level, Senate Bill 1108 and House
Bill 411, passed by the 78th Texas Legislature in 2003, mandated the development
of a Grade 8 science assessment to be administered to students no later than
the 2006 - 2007 school year. TEC, §39.023(a)(6), was amended by this
legislation to add the Grade 8 science assessment and requires that results
from the assessment be included in the accountability system no later than
the 2008 - 2009 school year. Currently, TAKS measures the statewide curriculum
in science at Grades 5, 10, and 11. Development activities were undertaken
for the new assessment, and the Grade 8 science assessment was field-tested
both in a paper-and-pencil format and in an online format in April 2005.
When the TAKS program was first developed, a national Technical Advisory
Committee (TAC) was assembled to advise the SBOE on standard-setting activities.
This committee was composed of prominent educational testing experts with
experience in standard setting in other major testing programs across the
country. The current TAC met in February 2005 to discuss standard setting
for the Grade 8 science assessment. At this meeting the TAC discussed the
plan for conducting standard setting, a summary of the methods for standard
setting, impact data, and ways to examine recommended standards in comparison
with standards in other Grade 8 subjects and other grade level science assessments.
At the April 2005 SBOE meeting, the SBOE approved the proposed standard-setting
plan for the TAKS Grade 8 science assessment. As set forth in the standard-setting
plan approved by the SBOE at its April 2005 meeting, a panel of experts was
convened to evaluate data for the Grade 8 science assessment and develop recommendations
on the performance standards for that assessment. During its July 2005 meeting,
the SBOE reviewed and considered panel recommendations on performance standards
for the TAKS Grade 8 science assessment. Impact data as well as other relevant
information from the spring 2005 field test was also presented at the July
2005 meeting to assist the SBOE with determining the performance standards.
The SBOE took action that would establish a two-year phase-in period for
the "met standard" level using the standard error of measurement (SEM) statistic
to determine the standards during the phase-in period. For spring 2006, the
passing standard would be set at 2 SEM below the panel recommendation, moving
up to 1 SEM below the next year, and then to the panel recommendation in spring
2008.
The proposed amendment to §101.23 would add a new subsection (b),
including a new figure, identifying the performance standards established
by the SBOE for the TAKS Grade 8 science assessment. This figure reflects
the TAKS scale scores required to achieve the "met standard" and "commended
performance" at the standards equivalent to the panel recommendations, as
well as those scale score standards at 1 SEM and 2 SEM below the panel recommendation
for the "met standard" level. This is in accordance with the phase-in schedule
established by the SBOE for full implementation of the TAKS Grade 8 science
assessment performance standards. Language is also included in the proposed
new subsection (b) and figure to maintain equivalent standards in future test
forms.
Susan Barnes, Associate Commissioner for Standards and Programs, 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.
Dr. Barnes 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 would be the addition of the middle school science assessment
augmenting the Texas student assessment program's capacity to provide Texas
students, schools, and the public with an accurate gauge of students' academic
progress in learning the key components of the state-mandated curriculum.
The middle school science test, which will assess Texas Essential Knowledge
and Skills student expectations taught at Grades 6, 7, and 8, will also serve
as a bridge between the elementary Grade 5 TAKS science test and the Grade
10 and exit-level TAKS science tests. There will be no 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,
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. 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, Chapter
39, Subchapter B, which authorizes the State Board of Education to adopt rules
to create and implement a statewide assessment program, and, specifically, §39.024(a),
which authorizes the State Board of Education to set the standard for satisfactory
performance on the TAKS.
The amendment implements the TEC, Chapter 39, Subchapter B.
§101.23.Performance Standards.
(a)
(No change.)
(b)
As established in subsection (a) of this
section, the SBOE shall determine the level of performance considered satisfactory
on assessment instruments. The table in this subsection identifies the performance
standards established by the SBOE for the TAKS Grade 8 science assessment.
The "commended" and "met" standards are based on the spring 2006 operational
test form. Future forms of the test will be equated by the Texas Education
Agency to the 2006 assessment in order to ensure that equivalent standards
are maintained.
Figure: 19 TAC §101.23(b) (.pdf)
(c)
[
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 25, 2005.
TRD-200503037
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: September 4, 2005
For further information, please call: (512) 475-1497
Subchapter A. ELEMENTARY
(4)
] Combination issue--An issuance
of bonds for which an application is filed for a guarantee that includes both
a new money portion and a refunding portion, as permitted by Texas Government
Code, Chapter 1207.
The eligibility of combination issues for the guarantee
is limited by the eligibility of the new money and refunding portions as defined
in this subsection.
(5)
] Average daily attendance (ADA)--Total
refined average daily attendance as defined by §129.1025 of this title
(relating to Adoption By Reference: Student Attendance Accounting Handbook).
(6)
] Enrollment growth--Growth
in student enrollment that has occurred over the previous five years.
98% of
] its
net
capacity to guarantee bonds
, as determined
by subtracting the amount to be held in reserve from the total available capacity
. The
reserved
[
remaining
] capacity
can be
used to award guarantees
[
is to be held in reserve
] for districts
that experience unforeseen catastrophes or emergencies that require the renovation
or replacement of school facilities as described in the TEC, §44.031(h).
180
] days of the
date of the letter granting the approval of the
guarantee
[
application deadline
].
180
] days of the
date of the
letter granting the approval of the guarantee
[
application deadline
], the commissioner shall consider the application withdrawn and the
district must re-apply for a guarantee.
State Board of Education (SBOE)
].
Chapter 74.
CURRICULUM REQUIREMENTS
A school district board of trustees
may adopt a policy that allows a student to be awarded credit
] toward
high school graduation for
completion of
[
completing
]
a college-level course
shall be granted under this section only when
the
[
. The
] course
is
[
must be
] provided
[
only
] by an institution of higher education that is accredited
by one of the following regional accrediting associations:
To be eligible to enroll and be awarded credit toward state graduation
requirements, a student must have the approval of the high school principal
or other school official designated by the school district.
] The course
for which credit is awarded must provide advanced academic instruction beyond,
or in greater depth than, the essential knowledge and skills for the equivalent
high school course.
Chapter 101.
ASSESSMENT
(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).
Chapter 111.
TEXAS ESSENTIAL KNOWLEDGE AND SKILLS FOR MATHEMATICS